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CODE  OF  ORDINANCES 

OF 

THE  CITY  OF  NEW  YORK 

Approved  November  8,   1906 


CONTAINING 


All  General  Ordinances  in  Force  January  1,  1906 


THE  SANITARY  CODE,  THE  BUILDING  CODE  AND  THE 
PARK  REGULATIONS 

TOGKTHKR   WITH 

All  Ordinances  and  Amendments  Passed  from 
January  1,  1906,  to  January  1,  1908 


r 


COMPILED    AXD    ANNOTATED 

BY 

ARTHUR  F.  COSBY, 

iRMERI>Y  ASSISTANT  CORPORATION   COUXSEIi 

UNIVERSITY 

THE  BANKS  LAW  PUBLISHING  COMPANY 

New  York 

1908 


CO  I'Y  RIGHT,  1907, 

BV 

THE  BANKS  LAW  I'lTULISHING  CUMI'ANV. 
COPYRIGHT,   1908, 

BY 
THE  BANKS  LAW  IH  BLISHING  (OMI'ANV. 


PREFACE. 


The  Code  of  Ordinances  for  The  City  of  New  York,  approved 
by  thB  Mayor  on  November  8,  1906,  will  be  very  generally 
received  v^ith  satisfaction  as  being  a  step  in  the  right  direc- 
tion towards  making  one  comprehensive  body  of  municipal 
law  for  this  city.  It  must  be  distinctly  borne  in  mind,  how- 
ever, that  this  Code  is  merely  a  codification  of  ordinances 
as  existing  on  January  1,  1900,  and  is  not  a  revision.  Many 
now  obsolete  ordinances  have  been  omitted  from  this  new 
Code,  and  the  ordinances  of  the  cities  and  villages  included 
within  The  Greater  New  York  are  herein  gathered  together 
in  one  complete  ordinance.  While  much  has  been  done 
it  is  hoped  that  a  thorough  revision  will  soon  follow. 

This  Code  was  prepared  pursuant  to  section  57  of  the 
Greater  New  York  Charter,  which  prescribes  that  there  shall 
be  published  annually  a  compilation  of  general  ordinances  in 
force  on  January  first  of  each  year.  The  present  Board  of 
Aldermen  is  the  first  to  comply  with  this  section  of  the 
charter. 

Under  the  Laws  of  1904,  chapter  028,  it  was  provided  that 
the  Sanitary  Code,  Building  Code  and  Park  Regulations  in 
force  on  May  1,  1904,  should  become  chapters  in  the  Code  of 
Ordinances  of  New  York  city,  and  it  was  further  provided 
that  any  amendments  to  the  Sanitary  Codje  and  Park  Regula- 
tions made  thereafter  should  be  filed  with  the  City  Clerk. 
In  pursuance  of  this  act  the  present  Code  includes  the 
Sanitary  Code,  Building  Code  and  Park  RuLes  as  separate 
chapters  so  that  the  Code  as  adopted  really  includes  almost 
the  entire  body  of  municipal  law  in  force  in  New  York  city 
at  the  present  time.  It  is  very  gratifying  to  have  these 
important  subjects  thus  established  by  the  ordinances,  where 
they  may  readily  be  found  together  with  any  amendments. 

The  cases  cited  in  the  notes  were  chiefly  collected  by  the 
writer  while  serving  as  Assistant  Corporation  Counsel  in 
charge  of  the  Bureau  for  the  Recovery  of  Penalties.  There 
are  added  a  few  leading  cases  which  may  be  of  use.  The 
index  has  been  prepared  with  special  care  to  try  and  give 
the  reference  to  those  matters  which  the  writer  has  found 
in  his  experience  were  of  special  interest  and  importance. 
The  Code  includes  so  many  distinct  matters  that  it  has  been 
necessary  to  group  them  under  general  headings  in  order  to 
bring  the  index  within  reasonable  size. 

In  the  new  Code  it  became  necessary  to  change  names  and 
official  titles  made  obsolete  by  the  passing  of  the  Greater 
New  York  Charter  to  the  names  of  the  new  officials.     For 


166706 


iv  PREFACE. 

instance,  the  "  Commissioners  of  Public  Works  "  is  changed 
to  "  Boroug-h  President,"  and  the  reference  "  with  verbal 
changes,"  in  practically  all  instances,  means  a  mere  change 
of  names. 

There  is  given  after  each  section  in  parenthesis  a  refer- 
ence to  the  original  ordinance  from  w^hich  such  section  is 
derived.  These  references  were  inserted  by  the  writer,  and 
are  not  a  part  of  the  Code  as  adopted  by  the  Board  of 
Aldermen. 

ABTHUR  F.  COSBY, 

32  Liberty  Street,  N.  Y. 

December  15,  1906. 


Report  of  Committee 

OF    THE 

Board    of    Aldermen    on    Codification    of 
Ordinances. 


The  Committee  on  Codification  of  Ordin apices  hereby  re- 
ports that  they  have  examined  the  entire  subject  of  the 
ordinances  of  The  City  of  New  York,  as  well  as  the  material 
in  the  proposed  code  of  ordinances  referred  to  this  committee 
on  the  9th  day  of  January,  1906. 

Your  committee  herewith  presents  a  compilation  of  all 
ordinances  of  The  City  of  New  York,  including-  all  such  ordi- 
nances as  are  mentioned  in  sections  41  and  57  of  the  Greater 
New  York  Charter,  together  with  all  new  ordinances  and 
amendments  of  same  which  have  been  adopted,  and  have 
become  existing  ordinances  up  to  January  1,  1906. 

Your  committee  have  not  reported  anything  as  an  existing 
ordinance,  which  has  in  it  any  new  matter  or  has  been 
revised  in  any  manner  whatsoever.  Nor  have  this  committee 
eliminated  from  their  report  any  formerly  existing  ordi- 
nance, or  part  of  an  ordinance,  which  has  not  clearly  been 
repealed  by  subsequent  legislation  or  ordinance,  or  which 
has  not  been  decided  by  the  highest  courts  of  this  State  to 
be  of  no  force  and  efEect. 

In  order  to  preserve  certain  well  known  ordinances,  which 
have  been  repealed  by  the  changes  made  necessary  by  the 
provisions  of  the  Greater  New  York  charter,  your  committee 
have  reported  the  same,  not  as  existing  ordinances,  but  as 
ordinances  whose  immediate  re-enactment  by  this  board, 
with  the  substitution  of  such  words  as  are  suggested  in  the 
committee's  report,  is  recommended.  Instances  of  such  ordi- 
nances are  to  be  found  where  the  ordinance  relates  solely  to 
some  locality,  such  as  the  Borough  of  Manhattan,  or  the 
Borough  of  Brooklyn,  and  where  the  words  formerly  con- 
tained in  such  ordinance  were  "  The  City  of  New  York,"  or 
'*the  City  of  Brooklyn,"  and  where  the  duties  of  a  designated 
office  have  devolved  upon  an  official  with  a  different  title.  In 
other  words,  the  changes  recommended  are  in  cases  where 
the  name  of  some  locality,  or  of  some  office,  or  the  sense  of 
the  words,  has  been  changed  by  the  language  of  the  Greater 
New  York  Charter,  or  of  some  State  law. 


VI  REPORT   OF  COMMITTEE  ON  CODIFICATION. 

Your  committee,  in  its  treatment  and  report  of  the  existing 
ordinances,  have  considered  only  such  acts  as  constitute  the 
local  laws  of  the  city  enacted  by  the  Board  of  Aldernitcn,  or 
similar  body,  and  duly  approved  by  the  Mayor,  or  returned 
without  his  approval  in  such  a  manner  that  they  have  become 
ordinances  by  force  of  statute,  and  which  are  continuing  in 
their  nature,  force  and  effect,  and  are  either  rules  under 
which  the  government  of  The  City  of  New  York  is  adminis- 
tered, or  rules  for  the  guidance  or  regulation  of  the  conduct 
of  the  citizens  of  said  city.  This  report  contains  only  such 
acts  of  the  legislative  body  of  this  city  as  fall  within  the 
foregoing  definition  of  an  ordinance. 

Your  committee  are  not  satisfied  with  the  form  or  lan- 
guage of  many  of  these  ordinances,  but  a  careful  study  of 
this  subject  has  led  the  committee  to  believe  that  it  is  abso- 
lutely essential  to  adopt  some  code  of  ordinances  that  shall 
contain  all  the  ordinances  of  this  city,  without  reference  to 
previously  existing  codes,  in  order  that  the  code  now  adopted 
may  be  properly  revised  and  corrected  in  the  future,  and 
your  committee  therefore  ask  this  board  to  refer  this  whole 
matter  back  to  this  committee  for  revision  when  the  recom- 
mendations of  this  committee  shall  have  been  adopted. 

For  the  purpose  of  clearing  up  a  very  confused  state  of 
affairs,  your  committee  recommended  that  with  the  adoption 
of  this  report,  this  board  shall  also  adopt  a  general  repealing 
clause,  wiping  out  all  ordinances  that  were  in  effect  January 
1,  1906,  and  adopting  anew  the  ordinances  as  presented  in 
this  report  as  the  existing  ordinances  of  The  City  of  New 
York,  up  to  the  date  of  January  1,  1906,  together  with  such 
ordinances  in  their  corrected  form  as  are  herein  recom- 
mended for  re-enactment. 

For  the  purpose  of  carrying  into  effect  the  last  preceding 
recommendation  with  greater  clearness,  this  committee  have 
stricken  out  the  repealing  clause  of  each  ordinance,  and  also 
the  clause  designating  when  each  ordinance  shall  take  effect, 
for  tiie  reason  that  these  clauses  are  now  unnecessary. 
This  Is  apparent  from  the  fact  that  when  this  committee's 
report  shall  have  been  adopted,  the  ordinances  herewith 
reported  will  supersede  everything  that  has  gone  before,  and 
will  go  into  effect  at  the  same  instant  of  time  that  the  repeal 
of  all  former  ordinances  as  herein  suggested,  will  take  place. 

Your  committee  find  that  the  ordinances  herevdth  reported 
divide  themselves  into  five  general  classes: 

First  —  The  general  ordinances  applying  throughout  the 
entire  confines  of  The  City  of  New  York,  together  with  such 
ordinances  of  a  general  character  as  are  recommended  for 
re-enactment  as  general  ordinances,  including  the  Sanitary 
Code,  the  Building  Code,  and  the  Park  Kegulations. 

Second  —  Local  ordinances  as  amended  to  January  1,  1900, 
comprising  such  chapters  and  articles  of  the  former  revised 


REPORT   OF   COMMITTEE   ON  CODIFICATION.  Vii 

ordinances  as  apply  to  the  individual  boronghs  of  said  city, 
together  with  the  local  ordinances  of  the  various  towns, 
villages  and  localities  now  included  within  the  Greater  City 
of  New  York,  and  such  as  may  be  grouped  togethjer  because 
their  subject  matter  is  related. 

Third  —  Miscellaneous  ordinances  which  refer  to  certain 
subjects  that  cannot  be  classified  under  a  general  heading, 
and  which  are  grouped  with  those  ordinances  to  which  they 
are  more  specifically  related. 

Fourth  —  Obsolete  ordinances,  which  relate  to  subjects 
that  have  no  practical  existence  at  the  present  time,  and  the 
immediate  repeal  of  which  is  recommended. 

Fifth  —  Ordinances  that  have  been  repealed  by  implication 
because  of  the  fact  that  they  referred  to  localities  or  officials, 
or  to  a  condition  of  affairs  not  now  existent,  and  the  imme- 
diate re-enactment  of  which  ordinances,  with  the  suitable 
changes  herein  suggested,  is  hereby  recommended.  These 
ordinances  have  been  reported  in  their  proper  places  and 
connection. 

As  the  policy  of  the  framers  of  the  Greater  New  York 
Charter  and  the  interests  of  the  city  demand  that  the  ordi- 
nances, so  far  as  possible,  shall  be  general,  your  committee, 
in  several  instances,  have  recommended  the  adoption  of  a 
local  ordinance  as  a  general  ordinance  or  as  a  part  of  the 
existing  general  ordinances.  In  each  such  instance  your 
committee  have  carefully  indicated  that  such  local  ordinance, 
although  inserted  in  the  place  it  should  occupy  among  the 
General  Ordinances,  is  not  a  part  of  the  General  Ordinances, 
but  is  a  local  ordinance,  and  that  its  adoption  as  a  General 
Ordinance  is  merely  recommended. 

Your  committee  believe  that  in  all  cases  the  suggestions 
made  by  the  committee  will  strongly  appeal  to  the  common 
sense  of  the  board. 

The  system  of  corrections  adopted  by  your  committee  is 
as  follows: 

The  corrections  of  all  ordinances  of  the  former  City  of 
New  York  and  of  the  former  City  of  Brooklyn,  together  vsdth 
those  of  the  General  Ordinances,  are  indicated  by  placing  a 
parenthesis  around  such  words  as,  in  the  opinion  of  your 
committee,  should  be  stricken  out,  and  by  indicating  the 
change  which  your  committee  suggests,  in  the  margin  oppo- 
site such  parenthesis,  the  words  suggested  being  under- 
scored. The  corrections  of  the  ordinances  of  the  former  City 
of  Long  Island  and  the  other  smaller  municipal  corporations 
that  are  now  comprised  within  the  Greater  City  of  New  York 
have  been  indicated  by  placing  the  new  matter  suggested  for 
adoption  in  parenthesis  within  the  ordinance  itself;  the 
former  language  of  the  ordinance,  which  this  committee 
recommends  should  be  stricken  out,  is  placed  in  the  margin 
and  underscored. 


viii  REPOKT   OF   COMMITTEE  ON   CODIFICATION. 

Your  comimttee,  in  presenting"  this  report,  desire  to  express 
their  thanks  for  the  kind  and  valuable  assistance  rendered  to 
it  by  the  Hon.  P.  J.  Scully,  city  clerk,  and  his  deputies, 
Mr.  Frank  J.  Martin  and  Mr.  Charley  R.  Shopland,  and  also 
to  the  assistant  corporation  counsel  assigned  to  the  board, 
Mr.  William  H.  Doherty,  who  is  largely  responsible  for 
editing  the  ordinances  of  the  smaller  towns,  villages  and 
localities  now  incorporated  in  the  Greater  City  of  New  York. 
As  to  these  latter,  your  committee  have  included  in  their 
report  all  such  local  ordinances  as  they  have  been  enabled 
t-o  obtain. 


CODE  OF  ORDINANCES   OF  THE 
CITY  OF  NEW  YORK. 


CONTENTS. 

PART  I. 

GENERAL  ORDINANCES  AND  ORDINANCES  OF  A  GENERAL 
CHARACTER. 

Chapter  I. — The  Executive  Department. 

Article.  pages. 

I.  The  Mayor 2 

II.  The  aty  Clerk 2 

Chapter  II. — The  Legislative  Department. 
Article. 

I.  The  Board  of  Aldermen 2 

II.  The  Clerk  to  the  Board  of  Aldermen 2 

Chapter  III. — The  Law  Department. 
Article. 

I.  The  Corporation  Counsel 3 

II.  The  Public  Administrator 4 

Chapter  IV. — The  Department  of  Finance. 
Article. 

I.  The  Comptroller 4-7 

II.  The  Disposition  of  Real  Estate 7-10 

III.  The  Sinking  Fund  of  the  aty  of  New  York 10-13 

IV.  The  Sale  of  Real  Instate  Belonging  to  the  Sinking 

Fund 13-14 

V.  The  Collector  of  Assessments  and  Arrears 14 

VI.  The  Bureau  of  City  Revenue  and  Markets 14-18 

Chapter  V. — The  Borough  Presidents. 
Article. 

I.  Contracts  and  General  Powers 18-21 

II.  Numbering  Streets  and  Buildings 21-24 

III.  Flagging,  Curbing  and  Repairing  Sidewalks 24-27 

IV.  Paving,  Repaving  and  Repairing  Carriageways 28-32 

V.  Sewers  and  Drains 32-36 

VI.  Vaults,  Cisterns  and  Areas 36-42 


X  CONTENTS. 

Article.  pages. 

VII.  Public  Wells,  Pumps,  Cisterns  and  Hydrants 42-43 

VIII.  Public  Baths 43 

IX.  The  Erection  of  Barriers  to  Prevent  Accidents 43-46 

X.  The  Bureau  of  Incumbrances  : 

1.  Incumbering  the  Streets 46-48 

2.  Bay  and  Show  Windows 48-52 

3.  Ornamental  Projections ". 52-54 

4.  Porches,  Platforms  and  Stoops 54-55 

5.  Balustrades  and  Awnings 55-57 

6.  Signs  and  Showbills 57 

7.  Exposing  Goods  for  Sale 57-58 

8.  Show   Cases,    Barber   Poles,    Illuminated 

Signs,  Ornamental  Lamps,  Drop  Awnings, 

Storm  Doors,  Stairways  and  Hoistways. .  58-59 

9.  Obstructing  and  Injuring  Walks 59 

10.  Moving  Buildings 59 

11.  Protecting  Street  Pavement 60 

12.  Prohibiting  the  Throwing  of  Fruit  Skins, 

etc.,  on  Walks 60 

13.  Use  of  Tan  Bark  on  Streets 60-61 

XI.  Surveyors 61-63 

Chapter  VI. — The  Department  of  Water  Supply,  Ga^  and  Electricity . 

Article. 

I.  The  Water  Registor 63 

II.  Water  Rents 63-64 

III.  The  Croton  Aqueduct 64-65 

IV.  Use  of  Water 65-66 

V.  Lamps 67 

Chapter  VII.  Title  1. — Bureau  of  Licenses 67-68 

Title  2. — The  Granting  and  Regulation  of  Licenses. 
Article. 

I.  Business  Requiring  a  License 68-69 

II.  Licenses  and  License  Fees 69-70 

III.  Special  Regulations  and  Rates : 

1.  Public  Carts  and  Cartmen 70-71 

2.  Drivers  of  Licensed  Vehicles 71 

3.  Public  Hacks  and  Hackmen 71-74 

4.  Public  Hack  Stands 74-76 

4a.Publi'C  Porters 76-78 

5.  Expresses  and  Expressmen 78-79 

6.  Junk  Dealers 79-80 

7.  Dealers  in  Second-Hand  Articles 80-81 

8.  Peddlers 81-82 

9.  Ticket  Speculatora 82 

10.  Coal  Scalpers 82 

11.  Common  Shows 82 


CON'TENTS.  Xi 

Article.  pages. 

III.  Special  Regulations  and  Rates  —  Continued: 

12.  Shooting  Galleries 82-83 

13.  Bowling  Alleys 83 

14.  Billiard  Tables 83 

15.  Dirt  Carts  and  Cartmen 83 

16.  Exterior  Hoists 83-84 

IV.  Stands  Within  the  Stoop  Lines  and  Under  Ele- 

vated Railroad  Stations 84-87 

Title  3. — General  Regulations  and  Complaints 87-88 

Title  4. —  Violations 88-89 

Chapter  VIII. — Weights  and  Measures 89-93 

Chapter  IX. — Cleaning  Streets  and  Sidewalks 93-98 

Chapter  X. — Sale,  Use  and  Transportation  of  Explosives .  98-100 

Chapter  XI. — 1.  The  LHacharge  of  Firearms 100-102 

2.  The  Carrying  of  Loaded  Firearms 102-103 

Chapter  XII. — Rules  of  the  Road. 
Article. 

I.  Method  of  Driving  Vehicles 103-106 

II.  Speed 106 

III.  Lights 106-107 

IV.  Improper  Use  of  Streets 107^108 

V.  Use  of  Sidewalks 108 

VI.  General  Rule  Covering  the  Use  of   Streets 108-109 

VII.  Powers  of  Police  Department 109 

Vin.  Definitions 109 

IX.  Penalties  for  Violations 109-110 

Chapter  XIII. — Miscellaneous  Ordinances. 

1.  Official  Bonds 110-111 

2.  Public  Sessions  of  Boards 112 

3.  Office  Hours 112 

4.  Sale  of  Waste  Material 112 

5.  East  River  Bridges 112 

6.  Payment  of  Jurors 112 

7.  Flags  and  Decorations  at  the  City  Hall 113 

8.  Public  Worship  in  the  Streets 113 

9.  The  Display  of  Immoral  Pictures 114 

10.  Car  Transfers  in  the  City  of  New  York 114 

11.  The  Heating  of  Street  Cars  in  the  City  of  New  York....  115 

12.  Contracts  for  Supplies  and  Work  for  the  City 115-120 

13.  Transportation  of  Iron,  Steel  or  Other  Materials  over 

Streets 120 

14.  Walks  and  Bridges  Over  Gutters 120 

15.  The  Discharge  of  Combustible  Substances 121 


Xll  CONTENTS. 

Chapter  XIV. — The  Sanitary  Code. 

Sections.  pages. 

1-7.  Definitions  of  Terms 12i-124 

8.  Misfeasance  and  Nonfeasance 124 

9-14.  Obedience  to  Ordinances  and  Regulations. .....  124-125 

15.  False  Statements 126 

16-26.  Dwellings,  Lodging  Houses  and  other  Buildings; 

Ventilation,  Drainage  and  Plumbing 126-128 

27-38.  Sewerage  and  Drainage 129-131 

39-4t.  Street  Drainage 131 

42-60.  Food  and  Drink 131-135 

61-64.  Water 136 

65-69.  Drugs,  Medicines,  Adulterations  and  Poisons. . .  136-138 

■  70-78.  Cattle,  Horses,  etc 140 

79-81.  Fowls  and  Small  Animals 140 

82-87.  Slaughtering  and  Slaughter  Houses 140-141 

88-97.  Offensive  Trades 141-144 

98-118.  Offensive  Materials 145-149 

119-123.  Removal  of  Filth 149-150 

124-132.  Disease,  Injured  and  Dead  Animals 150-152 

133-145.  Infectious  Diseases 153-156 

146.  Disinfection 157 

147-148.  Vaccination,  Antitoxin 157 

149-157.  Vessels  and  Seamen  . 157-159 

158-162.  Marriages,  Births  and  Deaths 159-160 

163-166.  Transportation  of  Dead  Bodies 161-162 

167-170.  Cemeteries 162-163 

171.  Coroners 163-164 

172-177.  Railroad   Cars 164-165 

178.  Spitting 165 

179.  Barber  Shops 166 

180.  Noise 166-167 

Chapter  XV. — The  Building  Code. 

Part     1.  Short  Title  of  this  Ordinance 168 

2.  Preliminary  Requirements 168-170 

3.  Definitions 170-172 

4.  Quality  of  Materials '.  172-174 

5.  Excavations  and  Foundations 174-179 

6.  Walls,  Piers  and  Partitions 179-189 

7.  Apartment  Houses,  Tenement  Houses  and  Dwell- 

ings of  Certain  Heights 189-191 

8.  Vaults,  Areas  and  Cellars 191-192 

9.  Wood  Beams,  Girders  and  Columns 192-193 

10.  Chimneys,  Flues,  Fireplaces  and  Heating  Pipes,  194-197 

11.  General  Construction 197-198 

12.  Stairs  and  Entrance 198 

13.  Skylights  and  Floorlights 198-199 

14.  Inclosure  and  Shed  Coverings  for  the  Protection 

of  Pedestrians 199-200 

15  Miscellaneous  Buildings 200 


CONTENTS.  '2dii 

PAGES. 

Part  16.  Heating  Apparatus,   Drying  Rooms,   Gas  and 

Water  Pipes 201-203 

17.  Roofs,  Leaders,  Cornices,  Bulkheads,  Scuttles 

and  Tanks 204-205 

18.  Elevators,  Hoistways  and  Dumbwaiters 205-207 

19.  Fire  Appliances,   Fire  Escapes  and  Fireproof 

Shutters  and  Doors 208-211 

20.  Fireproof  Buildings 211-215 

21.  Public  Buildings,  Theatres  and  Places  of  Assem- 

blage   215-225 

22.  Iron  and  Steel  Construction 225-231 

23.  Floor  Loads,  Temporary  Supports 231-234 

24.  Calculations,  Strength  of  Materials 234-238 

25.  Plumbing  and  Drainage 238-240 

26.  Buildings  Raised,  Lowered,  Altered  or  Moved. . .  240-241 

27.  Fire  Limits 241-245 

28.  Frame  Buildings 245-249 

29.  Appeals  and  Modifications  of  Law 249-250 

30.  Violations  and  Penalties;  Courts  Having  Juris- 

diction   250-254 

31.  Unsafe  Buildings,  Surveys,  Court  Proceedings.  .  254-259 

32.  Recovery  of  Bodies  Under  Fallen  Buildings 259-260 

33.  Fund  for  Use  and  Benefit  of  the  Department  of 

BuUdings 260-261 

34.  Seal;  Officers  of  Department  May  Enter  Build- 

ings   261 

35.  Existing  Suits  and  Liabilities;  Invalidity  of  One 

Section  not  to  Invalidate  Any  Other i 261 

36.  Ordinances  Repealed;    Date  "When    Ordinance 

Takes  Effect 262 

Chapter  XVI. — Park  Ordinances,  Rules  and  Regulations. 

General  Regulations 262-267 

Use  of  Vehicles  in  Parks 267 

Ordinances  Applying  to  the  Harlem  River  Driveway 268 

Rules  and  Regulations  for  Establishing  Limits  of  Projec- 
tion for  CJonstructions  on  the  Line  of  Riverside  Drive .  .  268-269 
Ordinance  Adopted  Pursuant  to  Chapter  453  of  the  Laws 

of  1902 269-270 

Rules  and  Regulations  Relating  to  Projections  and  Line 
of  Curb  and  Surface  Constructions,  Under  Provisions 
of  Section  612  of    the  Greater  Nev/  York  Charter,  as 

Amended  by  Chapter  723  of  the  Laws  of  1901 270-271 

Affecting  Central  Park  and  Fifth  Avenue,  Manhattan 271 

Rules  Relating  to  Park  Conservatories 272 

Rules  Relating  to  Botanical  Garden  in  Bronx  Park 272-273 

Ordinances  Applicable  to  the  Ordinary  Use  of  the  Ocean 
Boulevard,  the  Eastern  Parkway  and  the  Speedway  in 

the  Boroughs  of  Brooklyn  and  Queens 273 

Prospect  Park 273 

Coney  Island  Cycle  Paths 273 


SIV  CONTENTS. 

PART  II. 

ORDINANCES  AFFECTING  THAT  PART  OF  THE  CITY  OF 

NEW  YORK  INCLUDED  WITHIN  THE 

BOROUGH  OF  MANHATTAN. 

Chapter  I. — Sales  of  Commodities,  Etc. 
Article.  pages. 

I.  Peddlers,  Venders,  Hawkers 274-275 

II.  Weights,  Measurements  and  Quality: 

1.  Weighers  of  Hay 275-276 

2.  The  Sale  and  Manufacture  of  Bread 276 

3.  Coal 276 

4.  Sale  of  Poultry 276-277 

5.  Firewood,  Hay  and  Straw 277 

III.  Sales  and  Auctions  in  the  Public  Streets 277-279 

IV.  Sale  and  Discharge  of  Firearms,  Etc 279 

Chapter  II. — Nuisances 280-281 

Chapter  III. — Partitions,  Fences  a/nd  Walls 281-283 

Chapter  IV. 
Article. 

I.  Surface  Railroads 283-287 

II.  Elevated  Railroads 287-288 

Chapter  V. — Miscellaneous  Ordinances. 
Article. 

I.  To  Prevent  Injury  to  Hose  at  Fire 288-289 

II.  Placards  on  Lamp  Posts,  Etc 289 

III.  Defacing  the  Sidewalks ^ 289 

IV.  Blasting  of  Rocks 289-290 

V.  Ice  Wagons 290 

VI.  Racing  Horses 290 

VII.  Automobiles 290-291 

PART  III. 

ORDINANCES  AFFECTING  THAT  PART  OF  THE  CITY  OF 

NEW  YORK  INCLUDED  WITHIN  THE 

BOROUGH  OF  BROOKLYN. 

Chapter  I. 
Article. 

I.  The  Borough  President 291-292 

II.  The  Commissioner  of  Water  Supply,  Gas  and  Elec- 
tricity   292 

III.  Sidewalks  and  Roadways 293-297 


COKTLNTS.  rV 

CJhapter  II. — Public  Safety  and  Order. 

Article.  pages. 

I.  Greneral  Provisions 297 

II.  Nuisances 297-298 

III.  Protection  from  Fire 298 

IV.  Atlantic  Avenue  Railroad  Crossing 299 

V.  Vault  Covers,  etc 299 

Chapter  III— Partition  Fences  and  Walls 299-301 

Chapter  IV. — Street  Musicians 301-302 

Chapter  Y.— Railroads 302-306 

Chapiter  VI. —  Miscellaneous  Ordinances. 

1.  The  Use  of  Court  Yards  on  Bush  wick  Avenue  Boule- 

vard..  306 

2.  Fence  Line  Privileges  on  Newkirk  Avenue 306 

3.  Display  of  House  Numbers 307 

4.  Canarsie  Cemetery 307 

5.  Watering  Horses 307 

6.  Dog  Snatching 307 

7.  Speed  on  Bridges 308 

8.  Bells  on  Junk  Carts 308 

9.  Marking  Hay  Bales 308 

10.  Injury  to  Bridges 308 

11.  Theatrical  Billboards 308 

12.  Protection  of  Piers  at  Wallabout,  etc 309 

PART  rv. 

ORDINANCES  RELATING  TO  THAT  SECTION  OF  THE  CITY 

OF  NEW  YO^K  FORMERLY  KNOWN  AS 

LONG  ISLAND  CITY. 

Chapter  1. — Public  Safety  and  Order. 
Articlie. 

I.  Hydrants 309 

II.  Washing  Horses  and  Carriages 309 

III.  Cellar  Doors,  Steps  and  Street  Obstructions 309-312 

IV.  Streets  and  Sidewalks 312-313 

Chapter  II. — Partition  Fences  and  Walls 313-315 

Article. 

V.  Blasting  of  Rocks 315 

VI.  Venders 315-316 

VII.  Noises 316 

VIII.  Sale  of  Oysters,  etc. 316 

IX.  Surface  Railroads 316-317 


XVi  CONTENTS. 

PART  V. 

ORDINANCES  RELATING  TO  THAT  SECTION  OF  THE  CITY 
OF  NEW  YORK  FORMERLY  KNOWN  AS 
THE  VILLAGE  OF  FLUSHING. 

Chapter    I. — Streets   and   Highways. 

Article.  pages. 

I.  Altering  Grade  of  Streets 317 

11.  Paving  Streets 317-319 

III.  Obstructions  in  Streets 319-321 

IV.  Public  Sewers 321 

Chapter  II. — Public  Safety  and  Order. 
Article. 

I.  False  Alarms  of  Fire 321 

II.  Bathing 322 

Chapter  HI. —  Volunteer  Fire  Department. 
Article. 

I.  Rules  and  Regulations 322-325 

PART  VI. 

ORDINANCES  RELATING  TO  THAT  SECTION  OF  THE  CITY 

OF  NEW  YORK  FORMERLY  KNOWN  AS 

THE  VILLAGE  OF  JAMAICA. 

Chapter  I. — General  Regulations. 
Article. 

I.  Filling  in  Streets 325 

II.  Unlawful  Noises 325 

III.  Ball  Playing  and  Throwing  of  Stone's 326 

IV.  Hillside  Avenue  Speedway 326 

Chapter  II. — The  Volunteer  Fire  Department. 
Article. 

I.  Rules  and  Regulations 326-330 

PART  VII. 

ORDINANCES  RELATING  TO  THAT  SECTION  OF  THE  CITY 

OF  NEW  YORK  FORMERLY  KNOWN  AS  THE 

VILLAGE  OF  RICHMOND  HILL. 

Chapter  I. — Streets  and  Highways. 
Article. 

I.  Obstructions 331 

II.  Encumbrances 331 


CONTENTS.  XVll 

PART  VIII. 

ORDINANCES  RELATING  TO  THAT  SECTION  OF  THE  CITY 

OF  NEW  YORK  FORMERLY  KNOWN  AS  THE 

VILLAGE  OF  FAR  ROCKAWAY. 

Chapter  I. — Public  Safety  and  Order. 

Article.  pages. 

I.  Nuisances 332-333 

11.  Encumbrances 333-334 

III.  False  Alarm  of  Fire 334 

Chapter  II. —  Volunteer  Fire  Department. 
Article. 

I.  Rules  and  Regulations 335 

Chapter  III. — Fines  and  Penalties. 
Article. 

I.  Violations  of  Ordinances 335-336 

PART  IX. 

ORDINANCES  RELATING  TO  THAT  SECTION  OF  THE  CITY 

OF  NEW  YORK  FORMERLY  KNOWN  AS  THE 

VILLAGE  OF  ROCKAWAY  BEACH. 

Chapter  I. — General  Regulations 336-341 

PART  X. 

ORDINANCES  RELATING  TO  THAT  SECTION  OF  THE  CITY 

OF   NEW  YORK  FORMERLY  KNOWN  AS  THE 

VILLAGE  OF  ARVERNE-BY-THE-SEA. 

Chapter  I. — Public  Safety  and  Order. 
Article. 

I.  Nuisances 341 

II.  Prevention  of  Vice 342 

III.  False  Alarm  of  Fire 342 

rV.  Miscellaneous  Provisions 342 

Chapter  II. — Streets  and  Highways. 
Article. 

I.  Washing  of  Carriages 342 

II.  Encumbrances  and  Excavations 342-344 

HI.  Advertisements  and  Public  Notices 345 

IV.  Street  Musicians 345 


XVIU  CONTENTS. 

Chapter  III. — Auctioneers. 
Article.  pages. 

I.  Licenses 345 

Chapter  IV. — Fines  and  Penalties. 
Article. 

I.  Violation  of  Ordinances,  etc 346 

Chapter  V. — Abandoned  Poles  in  Streets. 
Article. 

I.  Removal  of  Poles 346-347 

II.  Permits  for  Laying  Conduits 347 

III.  Penalties  for  Failure  to  Remove  Poles 347 


PART  XL 

ORDINANCES    RELATING    TO    THAT    SECTION  OF    THE 

CITY  OF  NEW  YORK  FORMERLY  KNOWN  AS 

THE  VILLAGE  OF  PORT  RICHMOND. 

Chapter  I. — General  Regitations. 
Article. 

I.  Bathing 347 

II.  Injuring  Street  Signs 348 

III.  Filling  in  Streets,  etc 348 

IV.  Dedication  of  Streets 348 

V.  Drains 348 

VI.  Sidewalks 349 

VII.  Obstructing  the  Streets 349 

VIII.  Awnings 350 

IX.  Gas  Mains 350-352 


PART  XII. 

ORDINANCES  RELATING  TO  THAT  SECTION  OF  THE  CITY 

OF  NEW  YORK  FORMERLY  KNOWN  AS  THE 

VILLAGE  OF  NEW  BRIGHTON. 

Chapter  I. — Streets  and  Highways. 
Article. 

I.  Encumbrances,  Excavations  and  Laying  of  Pipes  . .     352-356 

Chapter  II. — Public  Safety  and  Order. 
Article. 

I.  Nuisances 356 


CONTi::NTS.  XIX 

PART  XIII. 

ORDINANCES  RELATING  TO  THAT  SECTION  OF  THE  CITY 

OF  NEW  YORK  FORMERLY  KNOWN  AS  THE 

VILLAGE  OF  EDGEWATER. 

Chapter  I. — Railroads. 
Article.  pages. 

I.  Blocking  Street  Crossings  and  Warning  Signals  ....  357 


PART  XIV. 

ORDINANCES  AFFECTING  GENERALLY  THE   BOROUGH 
OF  RICHMOND. 

Chapter  I. — Streets  and  Highways. 
Article. 

I.  Openings  of  Streets  and  Sewers 357-361 

II.  Widths  of  Sidewalks 361 


PART  XV. 

MISCELLANEOUS     ORDINANCES    AFFECTING    THE 

BOROUGHS  OF  QUEENS,  RICHMOND  AND 

THE  BRONX. 

Chapter  I. — Miscellaneous. 
Article. 

I.  Publication  of  Session  Laws  in  the  Boroughs  of 

Queens  and  Richmond 361 

II.  Fees  for  Certain  Sewer  Connections  in  the  Borough 

of  the  Bronx 362 


PART  XVI. 
PENALTY  FOR  VIOLATIONS 362 

SUPPLEMENT. 

General    Ordinances   Passed   from  January   1,   1906,  to 

December  11,  1906 363-374 

Amendments  to  Sanitary  Code  Passed  Since  January  1, 

1906 374-378 


OF  Tl 


CODE  OF  ORDINANCES 

OF  THE 

CITY  OF  NEW  YORK 


An  Ordinance  adopting  the  Code  of  Ordinances  of  the  City 
of  New  York. 

Be  it  Ordained  hy  the  Board  of  Aldermen  of  The  City  of  New 
York  as  follows: 

That  all  ordinances  of  The  City  of  New  York  which  were  in 
force  on  January  1,  1906,  be  and  they  hereby  are  repealed; 

Be  it  further  Ordained,  That  the  ordinances  of  The  City  of 
New  York,  excluding  those  ordinances  designated  as  obsolete, 
which  are  herewith  presented  in  the  report  of  the  Committee 
on  Codification  of  Ordinances  of  the  Board  of  Aldermen  of 
The  City  of  New  York  as  the  existing  ordinances  of  said  city 
up  to  the  date  of  January  1,  1906,  and  all  ordinances  recom- 
mended in  said  committee's  report  for  re-enactment,  with 
the  corrections  as  therein  designated,  be  and  they  hereby  are 
adopted  and  enacted  as  ordinances  of  The  City  of  New  York. 

Be  it  further  Ordained,  That  this  ordinance  shall  not  be 
construod  to  affect  or  impair  any  right,  interest,  privilege  or 
power  which  has  accrued  or  been  conferred  heretofore,  or 
any  penalty,  obligation,  liability,  forfeiture  or  assessment 
heretofore  incurred,  or  any  action  or  proceeding  now  pend- 
ing; and  any  right,  interest  or  privilege  which,  by  the  terms 
of  any  ordinance  in  force  at  the  time  of  the  adoption  of  this 
ordinance  continues  during  the  pleasure  of  the  Board  of 
Aldermen,  shall  not  be  hereby  terminated. 

By  section  41  of  the  Greater  New  York  Charter  (L.  1897,  chap. 
378),  all  ordinances  of  the  local  boroughs  in  The  City  of  New  York, 
when  not  inconsistent  with  the  charter,  were  continued  in  force. 
But  the  Board  of  Aldermen  was  given  full  power  and  authority  to 
pass  ordinances  governing  all  the  boroughs  by  sections  42,  44,  49, 
50  and  51,  and  to  modify,  amend  or  repeal  any  ordinances  of  the 
local  boroughs.  Section  57  prescribed  the  ordinances  should,  as  far 
as  practicable,  be  reduced  to  a  code  and  published.  These  general 
powers  were  continued  by  the  revision  of  1901  (L.  1901,  chap.  466). 
The  revised  charter  (sec.  57)  requires  an  annual  compilation  by  the 
Board  of  Aldermen  on  January  first  of  the  general  ordinances  in 
force.    It  is  in  pursuance  of  this  section  this  code  was  prepared. 


2  CODE  OF  OBDINANCES  OF  THE  CITY  OF  NEW  YOBK. 

PART  I. 

General  Ordinances  and  Ordinances  of  a  General  Character. 

Chapteb  1. —  The  Executive  Depaetment. 

Article  I. —  The  Mayor. 

Section  1.  The  Mayor  may,  whenever  he  shall  deem  it 
necessary,  issue  his  proclamation  for  the  apprehension  of 
any  pei'son  who  shall  have  committed  a  crime  within  The 
City  of  Isew  York,  and  may,  iu  such  proclamation,  offer  a 
reward  not,  exceeding-  five  hundred  dollars,  to  be  paid  out  of 
the  city  treasury  upon  the  certificate  of  the  Mayor  that  the 
service  required  has  been  performed.      (Rev.  Ords.  1897,  sec.  1.) 

Article  IT.—  The  City  Clerk. 

§  2.  The  seal  heretofore  in  use  as  the  corporate  seal  of  the 
corporation  known  as  the  Mayor,  Aldermen  and  Commonalty 
of  The  City  of  New  York,  and  in  the  custody  of  the  Clerk  of 
the  Board  of  Aldermen  of  said  city,  shall  be  the  seal  of 
The  City  of  New  York,  to  be  kept  and  used  by  the  City  Clerk 
of  said  city,  as  provided  by  law.     (Ord.  app.  Jan.  3,  1898.) 

Chapteb  2. —  The  Legislative  Depabtment. 
Article  I. —  The  Board  of  Aldermen. 

§  3.  A  committee  of  the  Board  of  Aldermen,  in  reporting- 
upon  a  subject  referred  to  thjEin,  must  attach  to  their  report 
all  resolutions,  petitions,  remonstrances  and  other  papers  in 
their  possession  relative  to  the  matter  referred.  (R.  O.  1897, 
sec.  9.) 

Article  II. —  The  Clerk  to  the  Board  of  Aldermen. 

§4.  The  Clerk  to  the  Board  of  Aldermen  shall  issue 
notices  to  the  members  of  said  board,  when  directed  by  that 
board,  and  to  the  members  of  the  different  committees  of 
that  board,  and  all  persons  whose  attendance  will  be  required 
before  any  such  committee,  when  directed  hy  the  chairman 
thereof.     (Id.,  sec.  11.) 

§  5.  He  shall,  without  delay,  deliver  to  all  officers  of  the 
corporation,  and  to  all  committees  of  the  Board  of  Aldermen, 
all  resolutions  and  communications  referred  to  those  officers 
or  committees  by  that  board.     (Id.,  sec.  12.) 

§  6.  He  shall,  without  delay,  deliver  to  the  Mayor  all  ordi- 
nances and  resolutions  under  his  charg-e  which  are  required 
by  law  to  be  approved  by  the  Mayor,  with  all  papers  on 
which  the  same  were  founded.  The  Clerk  shall  not  deliver 
to  the  Mayor  any  resolution  which  is  a  request  addressed  to 
the  Governor,  Legislature  or  any  other  body,  or  to  any  head 
of  a  department  or  other  federal,  State  or  municipal  officer 
for  action  on  the  request  of  the  Board  of  Aldermen,  but  he 
shall,  without  delay,  deliver  a  copy  of  all  such  resolutions  to 


CODE  OF  ORDINANCES  OP  THE  CITY  OF  NEW  YORK.      3 

the  official  or  board  of  -whom  the  request  is  made  by  the 
Board  of  Aldermen.  No  resolution  which  refuses  the  prayer 
of  any  petition  shall  be  delivered  to  the  Mayor,  but  all  such 
resolutions  shall  be  filed.     (Id.,  sec.  13.) 

§  7.  He  shall  on  the  day  succeeding-  the  approval  by  the 
Mayor  of  any  ordinance  or  resolution,  or  on  the  day  suc- 
ceeding its  return  by  the  Mayor  without  approval  or  objec- 
tion, deliver  to  the  head  of  the  appropriate  department  a 
certified  copy  of  the  same.     (Id.,  sec.  14.) 

Chapter  3. —  The  Law  Department. 
Article  I. —  The  Corporation  Counsel. 

§  8.  The  Corporation  Counsiel  shall  draw  such  ordinances 
as  may  be  required  of  him  by  the  Board  of  Aldermen,  or  by 
any  committee  thereof.  (Rev.  Ords.  1897,  sec.  104,  with 
verbal  change.) 

§  9.  He  shall,  when  required  by  the  Board  of  Aldermjen, 
prepare  the  draft  of  any  bill  to  be  presented  by  the  corpora- 
tion of  the  city  to  the  Legislature  for  passage,  with  a  proper 
memorial  for  the  passage  thereof.  (Id.,  sec.  105,  with  verbal 
change.) 

§  10.  He  shall  draw  the  leases,  deeds  and  other  papers  con- 
nected with  the  finance  department,  and  all  contracts  for 
any  of  the  other  departments  of  the  corporation,  when  so 
required  by  the  head  of  the  department.     (Id.,  sec.  105.) 

§  12.  When  he  shall  recover  a  debt  due  to  the  corporation 
which  may  have  been  placed  in  his  hands  for  collection,  he 
shall  forthwith  render  an  account  thereof,  under  oath,  to 
the  Comptroller,  stating  the  nature  of  the  debt,  the  person 
against  whom  it  was  recovered,  and  the  amount  and  time  of 
the  recovery,  and  shall  immediately  thereupon  pay  over  the 
amount  so  received  to  the  Chamberlain.  He  shall  also 
thereupon  receive  from  the  Chamberlain  a  voucher  for  the 
payment  thereof,  which  he  shall  forthwith,  on  the  samfe 
day,  exhibit  to  the  Comptroller,  and  shall  at  the  same  time 
leave  with  him  a  copy  thereof.     (Id.,  sec.  107.) 

§  12.  He  shall  keep  in  proper  books  to  be  provided  for  that 
purpose  a  register  of  all  actions  prosecuted  or  defended  by 
him,  and  all  proceedings  had  therein.     (Id.,  sec.  108.) 

§  13.  Upon  the  expiration  of  his  term  of  office  or  his 
resignation  thereof,  or  removal  therefrom,  the  Corporation 
Counsel  shall  forthwdth,  on  demand,  deliver  to  his  successors 
in  office  all  deeds,  leases,  contracts,  and  other  papers  in  his 
hands  belonging  to  the  corporation,  or  delivered  to  him  by 
the  corporation  or  any  of  its  officers,  and  all  papers  in 
actions  prosecuted  or  defended  by  him,  then  pending  and 
undetermined,  together  with  his  register  thereof,  and  of  the 
proceedings  therein,  and  a  written  consent  of  substitution  of 
his  successors,  in  all  such  actions  then  pending  and  undeter- 
mined.    (Id.,  sec,  109.) 


4      CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

Article  II. —  The  Public  Administrator, 

§14.  The  Public  Administrator  shall  furnish  the  Comp- 
trolleir  with  copies  of  all  letters  of  administration  which  shall 
be  granted  to  him  within  three  days  after  the  granting 
thereof.     (K.  O.  1897,  sec.  124.) 

§  15.  He  shall,  on  the  twentieth  day  of  December,  in  each 
year,  report  to  the  Board  of  Aldermen  the  title  of  all  actions 
prosecuted  by  or  against  him,  and  then  pending  and  undeter- 
mined, with  such  other  information  in  respect  thereto  as  he 
may  deem  necessary  or  proper.  (Id.,  sec.  125,  with  verbal 
change.) 

§  16.  He  shall  report  to  the  Comptroller,  on  the  first 
Thursday  of  each  month,  and  oftener  if  required,  the  amount 
of  money  received  by  him  since  his  last  return  on  account  of 
any  estate  which  he  shall  have  administered.     (Id.,  sec.  126.) 

§  17.  He  shall  at  the  same  time  report  to  the  Board  of 
Aldermen  a  transcript  of  such  of  his  accounts  as  have  been 
closed  or  finally  settled,  and  of  those  on  which  any  money 
has  been  received  by  him  as  part  of  the  proceeds  of  any 
estates  on  which  he  has  administered;  he  shall  deposit  all 
moneys  by  him  collected  and  received,  as  required  by  law, 
in  such  bank  as  the  Corporation  Counsel  shall  select  from 
the  designated  depositaries  of  the  city's  moneys.  (Id.,  sec. 
127,  with  verbal  changes.) 

§  18.  He  shall,  whenever  required,  exhibit  to  the  Comp- 
troller the  bank  book  showing  his  deposits,  and  all  other 
vouchers  and  documents  relating  to  his  office.     (Id.,  sec.  128.) 

§  19.  The  Comptroller,  before  signing  any  check  for 
money  deposited,  shall  examine  the  bank  book  showing  the 
deposits,  and  the  vouchers  on  which  the  check  is  required 
to  be  drawn,  and  shall  satisfy  himself  fully  as  to  the  cor- 
rectness thereof,  and,  in  case  of  doubt  or  difficulty,  he  shall 
report  the  case  to  the  Board  of  Aldermen  for  their  direction. 
(Id.,  sec.  129.) 

.  §  20.  The  Comptroller  may  distribute  and  pay  any  bal- 
ance of  an  intestate's  estate  remaining  in  the  city  treasury 
to  the  persons  legally  entitled  thereto,  whenever  he  and 
the  Public  Administrator  shall  be  satisfied  that  the  person 
claiming  the  same  is  legally  entitled  thereto;  but,  if  they  be 
not  satisfied  thereof  they  shall  report  the  case  to  the  Board 
of  Aldermen  for  their  direction.     (Ord.  app.  8ept.  7, 1904.) 

Chapter  4. —  The  Department   of  Finance. 
Article  I. —  The  Comptroller. 
§  21.    The    Comptroller    shall    superintend    all    the    real 
estate  of  the  corporation  and  report  to  the  Board  of  Alder- 
men all  encroachments  thereon.     (R.  O.  1897,  sec.  19,  with 
verbal  changes.) 

§  22.  He  shall  keep  and  file  in  his  office  all  title  deeds, 
leases,  bonds,  mortgages  or  other  assurances  of  title,  and 
all  evidences  of  debts,  contracts,  bonds  of  indemnity,  official 


CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  5 

bonds  and  all  certificates  of  stocks  belonging  to  the  sink- 
ing fund,  except  such  as  are  directed  by  law  or  ordinance  to 
be  deposited  elsewhere.     (Id.,  sec.  20.) 

§  23.  He  shall  cause  all  grants,  leases  and  counterparts 
of  leases  or  deeds  executed  by  t^e  corporation  to  be 
recorded  in  proper  books  to  be  kept  in  his  office.    (Id.,  sec.  21.) 

§  24.  He  shall  cause  a  proper  map  or  survey  of  all  lands 
or  premises  ceded,  granted,  conveyed  or  leased  to  the  cor- 
poration to  be  annexed  to  the  cession,  grant,  deed  or  lease 
thereof,  and  to  be  therein  referred  to  before  execution  or 
acceptance  thereof.  He  shall  direct  and  superintend  the 
collection  of  all  rents  or  other  moneys  due  to  the  corpora- 
tion.    (Id.,  sec.  22.) 

§  25.  He  shall  report  to  the  Board  of  Aldermen  within 
thirty  days  after  their  organization  in  each  year  a  state- 
ment of  all  contracts  made  by  the  corporation  or  directed 
or  authorized  by  the  Board  of  Aldermen  and  not  performed 
or  completed  or  upon  which  any  moneys  remain  unpaid, 
with  the  amount  of  money  so  remaining  unpaid  on  each. 
(Id.,  sec.  23,  with  verbal  changes.) 

§  26.  He  shall  direct  legal  proceedings  to  be  taken  when 
necessary  to  enforce  payment  of  rents  or  other  debts  due 
to  the  corporation,  or  to  obtain  possession  of  premises  to 
which  the  corporation  is  entitled.     (Id.,  sec.  24.) 

§  27.  He  shall,  as  often  as  the  state  of  the  sinking  fund 
shall  render  it  necessary,  advertise  and  sell  at  auction  or 
private  sale,  as  in  his  judgment  may  be  most  expedient, 
the  water  lot  quit-rents  belonging  to  the  corporation  in 
such  parcels  and  on  such  terms  as  the  Board  of  Aldermen 
or  the  Board  of  Commissioners  of  the  Sinking  Fund  may 
prescribe,  and  cause  proper  conveyances  to  be  executed  to 
the  purchasers,  the  avails  of  which  shall  be  deposited  in 
the  treasury  to  the  credit  of  the  sinking  fund.  (Id.,  sec.  25, 
with  verbal  changes.) 

§  28.  He  may  cftisent,  in  the  name  and  on  behalf  of  the 
corporation,  that  the  lessee  or  assignee  of  a  lease  made 
by  the  corporation  may  assign  the  same  or  underlet  the 
demised  premises,  whether  or  not  provision  is  made  by  the 
lease  that  it  shall  not  be  assigned  or  the  premises  underlet 
without  the  consent  of  the  corporation;  but  he  shall  not  so 
consent  unless  all  arrears  of  rents  and  all  taxes  and  assess- 
ments upon  the  premises  be  paid  in  full.     (Id.,  sec.  26.) 

§  29.  When  several  lots  or  parcels  of  land  belonging  to 
different  persons  are  assessed  for  taxes  in  one  parcel,  the 
Comptroller  may  make  the  proper  apportionment  of  the 
tax  among  the  different  owners.     (Id.,  sec.  27.) 

§  30.  The  Comptroller  shall  preserve,  in  a  book  to  be 
kept  in  his  office  for  that  purpose,  to  be  called  the  record 
of  quit-rents,  maps  of  all  grants  of  land  now  or  hereafter 
made  by  the  corporation,  on  which  quit-rents  are  payable, 
showing  the  original  grants  and  the  subdivisions  of  the 
same  as  near  as  they  can  be  ascertained.    (Id.,  sec.  28.) 


6       CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

§  31.  He  shall  enter  in  the  record  of  quit-rents  immedi- 
ately following  each  map  the  names  of  the  owners  of  the 
different  lots  described  thereon,  with  the  portion  of  the 
quit-rent  to  which  each  is  subject;  and  he  may  receive  the 
sum  proportionably  due  from  each  owner  in  payment  of 
his  portion  of  the  moneys  payable  under  the  original  grant, 
as  the  same  shall  from  time  to  time  become  payable. 
(Id.,  sec.  29.) 

§  32.  He  shall  cause  to  be  Inserted,  in  all  grants  of  land 
subject  to  quit-rent,  a  covenant  requiring  the  grantee  or 
his  legal  representatives,  when  he  or  they  shall  sell  the 
whole  or  a  portion  of  the  land  granted,  to  give  to  the 
Comptroller  a  written  notice  of  the  sale  within  thirty  days 
after  it  is  made,  specifying  therein  the  name  of  the  pur- 
chaser, the  quantity  and  location  of  the  land  sold,  the 
amount  of  quit-rent  to  be  paid  thereon,  and  the  day  of  the 
sale.     (Id.,  sec.  30.) 

§  33.  He  shall,  on  receiving  written  notice  from  the 
grantee  of  the  corporation,  or  his  assignee,  of  the  sale  of 
any  portion  of  land  subject  to  quit-rent,  enter  in  the  record 
of  quit-rents  the  name  of  the  purchaser,  with  the  date  of 
the  sale  and  the  portion  of  the  land  sold;  and  he  may  there- 
after receive  the  sum  proportionably  due  from  such  pur- 
chaser, in  payment  of  his  portion  of  the  moneys  payable 
under  the  original  grant,  as  the  same  shall,  from  time  to 
time,  become  payable.     (Id.,  sec.  31.) 

§  34.  Upon  receiving  the  notice  mentioned  in  the  last 
section  the  Comptroller  shall  enter  the  same  in  the  record 
of  quit-rents,  and  from  that  time  he  may  receive  from  the 
owner  of  the  lot  or  parcel  mentioned  in  the  notice,  or  his 
legal  representatives,  the  sum  proportionably  due  from  him 
in  payment  of  his  proportion  of  the  moneys  payable  under 
the  original  grant.     (Id.,  sec.  31.) 

§  35.  When  land  heretofore  granted  by  the  corporation, 
subject  to  a  quit-rent,  portions  of  which  have  been  assigned 
by  the  grantee,  shall  be  re-entered  by  the  corporation  for 
non-paj-ment  of  the  quit-rent,  the  Comptroller  may  grant 
releases  in  severalty  to  such  of  the  assignees  of  portions 
of  the  land  granted  as  shall,  within  six  months  from  the 
re-entry,  pay  their  respective  apportionments  of  commuta- 
tion money,  and  the  expenses  of  re-entry  and  conveyance, 
with  such  portions  of  the  rent  as  may  be  justly  due  from 
the  respective  assignees  for  the  land  held  by  them,  and 
which  shall  be  apportioned  by  the  Comptroller.  (Id.,  sec.  32.) 

§  36.  The  releases  and  apportionments  mentioned  in  the 
last  section  shall  not,  however,  be  granted  or  made,  unless 
the  assignee  requiring  the  same,  or  his  legal  representatives, 
shall  comply  with  the  terms  and  conditions  prescribed  in 
that  section  within  thirty  days  after  notice  from  the  Comp- 
troller requiring  such  compliance.     (Id.,  sec.  34.) 

§  37.  The  Comptroller  may,  from  time  to  time,  borrow  on 
the  credit  of  the  corporation,  in  anticipation  of  its  revenues, 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  7 

such  sum  or  sums,  not  exaeeding  in  the  whole  the  amount  of 
such  revenues  as  may  be  necessary  to  meet  expenditures 
under  appropriations  for  the  current  year.     (Id.,  sec.  35.) 

§  38.  Every  loan  to  be  efEected,  as  authorized  by  the  last 
section,  shall  be  secured  by  the  bonds  of  the  Comptroller, 
payable  in  not  exceeding  one  year,  in  such  sums  as  the 
Comptroller  may  deem  proper,  which  shall  be  signed  by  the 
Comptroller,' countersigned  by  the  Mayor  and  sealed  with 
the  common  seal.     (Id.,  sec.  36.) 

§  39.  No  payment  shall  be  made  by  the  Comptroller  for 
work  done  or  supplies  furnished  except  ^apon  proper  vouch- 
ers rendered  by  the  head  of  the  appropriate  department,  or 
other  proper  officer,  board  or  commission,  for  whom  such 
work  was  done  or  supplies  furnished.  Such  vouchers  shall 
be  made  out  in  duplicate,  and  shall  contain  the  certificates 
of  such  subordinate  officers  as  the  head  of  the  department 
may  require,  and  of  such  form  and  purport  as  he  shall  pre- 
scribe, and  also  a  certificate  of  the  head  of  the  department. 
One  of  the  duplicate  vouchers  shall  be  retained  in  the  depart- 
ment or  office  by  which  the  vouchers  are  rendered,  and  the 
other  shall  be  transmitted  to  the  Department  of  Finance  for 
payment.  A  receipt  for  the  amount  paid  shall  be  taken  by 
the  Comptroller.     (Ord.  app.  April  14,  1902.) 

Article  II.—  The  Disposition  of  Real  Estate. 

§  40.  It  shall  be  the  duty  of  the  Comptroller  to  take 
charge  of  all  the  real  estate  belonging  to  the  corporation, 
and  to  prevent  all  encroachments  thereon.  (R.  O.  1897,  sec. 
84,  with  verbal  changes.) 

§  41.  It  shall  be  the  duty  of  said  Comptroller  to  superin- 
tend the  collection  of  all  rents,  interest  and  demands  due 
the  Sinking  Fund,  and  to  direct  all  necessary  measures  to 
compel  the  payment  of  them  and  report  the  condition  of  the 
same  to  the  Board  of  Aldermen  quarterly.  (Id.,  sec.  85, 
with  verbal  changes.) 

§  42.  It  shall  be  the  duty  of  said  Comptroller,  under  the 
sanction  of  the  Board  of  Commissioners  of  the  Sinking 
Fund,  to  appoint  appraisers  on  behalf  of  the  corporation  to 
settle  the  rent  on  renewal  of  any  leases,  or  the  value  of  the 
building,  to  be  paid  on  the  expiration  of  any  lease,  in  which 
the  corporation  is  or  shall  be  interested,  whenever,  by  the 
provisions  of  such  lease,  the  appointment  of  such  appraisers 
is  required.     (Id.,  sec.  86,  with  verbal  changes.) 

§  43.  The  said  Comptroller  is  hereby  authorized,  with 
the  sanction  of  the  said  Board  of  Commissioners,  to  assign 
any  bond  or  mortgage  held  by  the  said  board  to  any  person 
or  persons  who  may  elect  to  take  such  assignment,  upon 
the  payment  in  full  of  the  principal  and  interest  due  on  said 
bond  and  mortgage;  and  the  Mayor  and  City  Clerk  are 
hereby  authorized  and  directed  to  execute,  under  their 
hands  and  seal  of  the  city,  any  such  assignment,  upon  evi- 
dence beings  exhibited  to  them,  showing-  that  the  principal 


8  CODE  OF  OEDINANCES  OF  THE  CITY  OF  NEW  YORK. 

and  interest  of  such  bond  and  mortgage  have  been  paid 
into  the  treasury  of  said  city  to  the  credit  of  the  Board  of 
Commissioners  of  the  Sinking  Fund.  (Id.,  sec.  87,  with 
verbal  changes.) 

§  44.  Upon  the  payment  of  any  bond  and  mortgage  in 
full,  it  shall  be  the  duty  of  the  said  Comptroller  to  prepare 
and  cause  to  be  executed  a  proper  satisfaction  of  such  bond 
and  mortgage;  and  the  said  Mayor  and  Clerk  of  the  Board 
of  Aldermen  are  hereby  authorized  to  execute  the  same, 
upon  the  production  of  evidence  that  the  same  has  been 
paid,  as  provided  in  the  preceding  section  of  this  article. 
But  no  release  of  any  part  of  the  premises  contained  in 
such  mortgage  from  the  lien  created  by  such  mortgage 
thereon  shall  be  made  or  executed  by  them.  (Id.,  sec.  88, 
with  verbal  changes.) 

§  45.  Whenever  any  person  or  persons  may  desire  to 
commute  any  quit-rent  due  the  corporation,  it  shall  be  the 
duty  of  the  said  Comptroller  to  calculate  such  commutation 
at  the  rate  of  six  per  cent.;  and  upon  the  production  of 
evidence  that  the  same  and  all  arrears  of  rent  have  been 
paid  into  the  treasury  of  said  citj'^  to  the  credit  of  the 
Commissioners  of  the  Sinking  Fund,  it  shall  be  the  duty 
of  the  Mayor  and  Clerk  to  execute  a  release  of  quit-rent. 
(Id.,  sec.  89.) 

§  46.  Whenever  any  property  belonging  to  the  corpora- 
tion is  unproductive,  or  the  term  for  which  it  may  have 
been  leased  or  let  shall  have  expired  or  be  about  expiring, 
it  shall  be  the  duty  of  the  said  Comptroller  to  report  the 
same  to  the  Board  of  Commissioners  of  the  Sinking  Fund, 
and  if,  in  his  judgment,  it  will  be  beneficial  to  the  public 
interest  to  lease  property  belonging  to  the  corporation,  it 
shall  be  his  duty  to  communicate  the  same,  with  his  rea- 
sons therefor,  to  the  Board  of  Commissioners  of  the  Sink- 
ing Fund,  and  if  they  concur  with  him,  they  are  hereby 
authorized  and  empowered  to  lease  the  same  in  such  man- 
ner as  they  may  deem  most  fit  for  the  interest  of  the  city, 
conforming  in  the  leasing  to  the  provisions  of  the  Greater 
iCew  York  Charter,  and  upon  the  production  of  a  certificate, 
signed  by  a  majority  of  said  Commissioners,  of  whom  the 
Comptroller  shall  be  one,  it  shall  be  the  duty  of  the  said 
Mayor  and  City  Clerk  to  execute  such  leases  under  their 
hands  and  seal  of  the  city.  (Id.,  sec.  90,  with  verbal 
changes.) 

§  47.  In  all  cases  of  grants  hereafter  to  be  made  of  land 
under  water  on  the  shores  of  the  island  of  New  York,  or 
on  the  shores  of  Long  Island  and  within  the  limits  of  the 
various  charters  of  The  City  of  New  York,  or  within  the 
limits  of  the  former  municipalities  now  constituting  The 
City  of  New  York,  and  in  all  cases  of  extensions  of  grants 
previously  made,  it  shall  be  the  duty  of  the  Comptroller 
and  the  President  of  the  Borough  in  which  such  grant  or 
extension  is  to  be  made,  to  report  to  the  Board  of  Qom- 


CODE  OF   OKDINANCES   OF  THE  CITY  OF  NEW  YORK.  'J 

missioners  of  the  Sinking  Fund  what  sum  of  money  shall, 
in  their  judgment,  be  charged  as  consideration  for  such 
grant;  and  if  the  said  Board,  or  a  majority  of  their  num- 
ber, shall  agree  to  the  terms  reported  by  the  said  Comi^- 
troller  and  Borough  President,  then  the  said  Comptroller 
shall  be  and  is  hereb}^  authorized  to  cause  such  grants  to 
be  issued  to  the  parties  who  may  be  legally  entitled  to 
the  same.     (Id.,  sec.  91,  and  verbal  changes.) 

§  48.  The  preceding  section  shall  not  apply  to  grants 
to  be  made  on  the  North  or  Hudson  river,  between  West 
Eleventh  and  Thirtieth  streets,  Borough  of  Manhattan,  so 
far  as  the  consideration  money  is  concerned;  but  the  rates 
to  be  charged  for  grants  between  said  West  Eleventh  and 
Thirtieth  streets  shall  be  as  follows: 

For    each   running   foot   along   the    exterior    lines    of    the 
present  grants   (excluding  the  width  of  streets)   and  along 
the   westerly   line    of    the    Eleventh    avenue    (excluding   the 
width  of  streets),  when  not  granted,  viz.: 
For  grants  between  West  Eleventh  and  Bank  streets,     $20  00 

For  grants  between  Bank  and  Bethune  streets 19  00 

For    grants    between    Bethune    and    West    Twelfth 

streets 18  00 

For  grants  between  West  Twelfth  and  Jane  streets,       17  00 

For  grants  between  Jane  and  Horatio  streets 16  00 

For  grants  between  Horatio  and  Gansevoort  streets,  15  00 
For  grants  between  Gansevoort  and  Twelfth  streets,  14  00 
For  grants  between  Twelfth  street   and  the  centre 

of  the  block  between  Thirteenth  and  Fourteenth 

streets 13  00 

For    grants    between    Thirteenth,    Fourteenth    and 

Nineteenth  streets   10  00 

For  grants  between  Nineteenth  and  Twenty-fourth 

streets 12  00 

For    grants    between    Twenty-fourth    and    Thirtieth 

streets,  west  of  the  Eleventh  avenue 10  00 


(Id.,  sec.  92.) 

§  49.  No  grant  shall  be  made  by  virtue  of  these  ordinances 
except  for  a  specific  consideration  to  be  paid  in  cash,  or  in 
five  annual  installments  secured  by  bond  and  mortgage  on 
the  premises  granted,  wdth  annual  interest  at  the  rate  of 
six  per  cent,  per  annum;  the  first  installment  to  be  paid  on 
the  issuing  of  the  grants.     (Id.,  sec.  93.) 

§  50.  All  grants  made  by  virtue  of  these  ordinances  shall 
contain  the  usual  covenants,  including  those  in  relation  to 
streets  or  avenues  passing  through  them,  and  also  in  relation 
to  bulkheads  and  wharfage.     (Id.,  sec.  94.) 

§  51.  No  grant  made  by  virtue  of  this  article  shall  author- 
ize the  grantee  to  construct  bulkheads  or  piers  or  make  land 
in  conformity  thereto,  Mdthout  permission  so  to  do  is  first 
had  and  obtained  from  the  Department  of  Docks;   and  tho 


10  CODE  OF  ORDlNAi^CES  OF  THE  CITY  OF  NEW  YORK. 

grantejes  shall  be  bound  to  make  land,  piers  or  bulkheads  at 
such  time  and  in  such  manner  as  the  Department  of  Docks 
shall  direct  under  penalty  of  forfeiture  of  such  grant  for 
non-compliance  with  such  directions  of  the  said  department. 
(Id.,  sec.  95.) 

§  52.  Nothing  contained  in  the  two  next  preceding  sec- 
tions shall  be  construed  as  applying  to  water  grants  to  be 
niade  on  the  shores  of  Long  Island.     (Id.,  sec.  96.) 

Article  III.—  The  Sinking  Fund  of  The  City  of  Nmo  York. 

§  53.  All  moneys  heretofore  received  and  hereafter  to  be 
received  from  the  following  sources  are  hereby  pledged  and 
appropriated  to  and  constitute  and  form  a  fund  called  the 
Sinking  Fund  of  The  City  of  New  York  for  the  Redemption 
of  the  City  Debt,  until  the  whole  of  the  stocks  of  The  City 
of  New  York  shall  be  finally  and  fully  redeemed,  namely: 

1.  For  commutation  of  quit-rents  on  grants. 

2.  For  quit-rents  arising  from  such  grants  as  were  issued 
prior  to  the  year  one  thousand  eight  hundred  and  four. 

3.  The  net  proceeds  of  all  sales  of  real  estate  belonging 
to  the  corporation  when  sold. 

4.  The  net  proceeds  of  all  bonds  and  mortgages  payable 
to  the  corporation  when  collected. 

5.  For  licenses  to  pawnbrokers  and  dealers  in  the  pur- 
chase or  sale  of  second-hand  furniture,  metals  or  cloth«is. 

6.  For  hackney-coach  licenses  and  street  vaults. 

7.  For  exclusive  occupation  of  private  wharves,  basins 
and  piers. 

8.  For  market  fees  and  market  rents. 

9.  The  proceeds  of  all  bonds  and  mortgages  which  may 
have  or  shall  become  the  property  of  the  corporation,  in 
pursuance  of  the  ordinance  creating  the  fire  loan  stock  of 
The  City  of  New  York. 

10.  The  building  included  in  the  establishment  called  the 
Almshouse,  at  Bellevue,  together  with  the  lots  of  land  and 
water  rights  attached  thereto  when  sold,  and  the  rents 
when  leased. 

11.  Such  portions  thereof  of  the  annual  taxes  levied  in 
The  City  and  County  of  New  York  as  may  be  collected  for 
the  redemption  of  the  floating  debt  stock  of  The  City  of 
New  York  and  the  fire  indemnity  stock  of  The  City  of  New 
York. 

12.  All  such  other  sources  of  revenue  or  suras  of  money 
as  the  said  corporation  shall  hereafter  think  proper  to 
appropriate  to  said  fund.     (R.  O.  1897,   sec.  65.) 

§  54.  All  moneys  hereafter  to  be  received  from  the  fol- 
lowing sources  are  pledged,  appropriated  and  are  to  be 
applied  to  and  constitute  and  form  a  fund  to  be  called  the 
Sinking  Fund  of  The  City  of  New  York  for  the  Payment  of 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  11 

the  Interest  Accruing  and  to  Accrue  Upon  the  Stocks  of 
The  City  of  'Nerw  York  until  the  same  shall  be  fully  and 
finally  redeemed,  namely: 

1.  For  interest  on  all  bonds  and  mortguges  owned  by  the 
corporation. 

2.  For  commutation  of  alien  passeng-ers. 

3.  For  mayoralty  fees. 

4.  For  fines  and  penalties. 

5.  For  fees  and  fines  collected  by  the  clerks  of  thi&  courts, 
for  the  corporation. 

6.  For  rents  from  all  sources  not  already  pledged. 

7.  For  tavern  and  excise  licenses. 

8.  For  saJes  of  all  property  of  the  corporation  other  than 
real  estate. 

9.  Such  portion  of  the  annual  taxes  levied  in  the  water 
district  of  The  City  of  New  York  as  may  be  collected  to 
supply  the  deficiency  of  interest  accruing  on  the  water 
stocks  of  The  City  of  New  York. 

10.  Nothing  in  this  chapter  shall  be  so  construed  as  to 
impair  or  affect  any  pledge  hjeretofore  made  and  now  exist- 
ing of  any  property  or  its  pi'oceeds  embraced  in  this  chapter 
or  in  the  ordinances  relating  to  the  city  debt.     (Id.,  sec.  66.) 

§  55.  The  Mayor,  Comptroller,  Chamberlain,  President  of 
the  Board  of  Aldermen  and  the  Chairman  of  the  Finance 
Committee  of  the  Board  of  Aldermen  for  the  time  being  shall 
constitute  and  be  denominated  the  Board  of  Commissioners 
of  the  Sinking  Fund  of  The  City  of  New  York.  (Id.,  sec.  67, 
with  verbal  changes.) 

§  56.  Any  four  or  more  of  the  persons  named  in  the  pre- 
ceding section  of  this  article,  of  whom  the  Comptroller  shall 
be  one,  shall  be  and  are  hereby  authorized  to  discharge  the 
trusts  and  duties  vested  in  them  by  this  article.    (Id.,  sec.  68.) 

§  57.  All  purchases  to  be  made  of  the  city  stocks  shall  be 
made  by  or  under  the  direction  of  the  Board  of  Commission- 
ers of  the  Sinking  Fund,  as  herein  and  hereby  constituted. 
(Id.,  sec.  69,  with  verbal  changes.) 

§  58.  The  said  board  shall,  from  time  to  time,  invest  the 
moneys  which  shall  constitute  the  Sinking  Fund  for  the 
Redemption  of  the  City  Debt,  or  as  much  as  they  can,  in 
the  purchase  of  stocks  created  by  the  corporation  of  The 
City  of  New  York,  at  the  market  price,  not  exceeding  the 
par  value  thereof;  and  if,  at  any  time,  such  investments 
cannot  be  made  at  par,  then  the  said  board  shall  be  author- 
ized to  invest  the  said  moneys,  or  such  part  thereof  as  they 
may  see  fit,  either  in  the  purchase  of  the  said  stock  or  the 
stock  of  the  State  of  New  York,  or  the  stock  or  bonds  of 
the  United  States,  notwithstanding  such  stock  or  bonds 
may  be  above  the  par  value  thereof.  (Id.,  sec.  70,  with 
verbal  changes.) 

§  59.  The  powers  conferred  on  the  said  Board  of  Com- 
missioneiTS  in  the  preceding  section  of  this  article  shall  be  so 


12  CODE  OF   ORDINANCES   OF  THE  CITY   OF  NEW  YOBK. 

construed  as  to  reoider  it  imperative  on  the  said  board,  at  all 
times  to  give  preference  to  the  purchase  of  city  stock,  if 
the  same  can  be  procured  at  a  reasonable  rate.  (Id.,  sec.  71, 
v^dth  verbal  changes. 

§  60.  Whjenever  the  said  Board  of  Commissioners  shall 
have  invested  any  part  of  the  said  fund  in  the  purchase  of 
the  stocks  of  this  State  or  of  the  United  States,  and  shall  at 
any  time  thereafter  be  enabled  to  i)urchase  any  of  the  city 
stocks  at  such  prices  as  they  may  judge  best  for  the  public 
interest,  they  shall  forthwith  sell  and  dispose  of  the  same 
and  invest  the  said  stocks  of  the  State  or  of  the  United 
States,  or  the  net  proceeds  thereof,  in  the  city  stock,  if,  in 
their  opinion,  such  disposition  would  be  beneficial  to  the 
public  interest.     (Id.,  sec.  72,  with  verbal  changes.) 

§  61.  Whenever  the  said  Board  of  Commissioners  shall 
have  invested  any  part  of  the  said  fund  in  the  purchase  of 
city  stock,  and  shall  at  any  time  thereafter  be  enabled  to 
purchase  any  of  the  city  stock,  which  shall  be  by  its  terms 
redeemable  at  an  earlier  day,  they  may  forthwith  sell  the 
same  and  invest  the  net  proceeds  in  such  other  city  stock, 
If  in  their  opinion  such  exchange  shall  be  desirable  and 
beneficial  to  the  public  interests.  (Id.,  sec.  73,  with  verbal 
changes.) 

§  62.  Whenever  any  of  the  monej'^s  constituting  the  sink- 
ing fund  for  the  redemption  of  the  city  debt  shall  be 
required  for  any  such  purchases  or  investments  as  are  in 
this  chapter  before  mentioned,  or  for  the  redemption  of 
any  of  the  city  stocks  at  their  maturity,  the  amount  of 
money  respectively  required  shall  be  paid  from  the  treasury, 
by  warrant,  signed  by  the  said  Board  of  Commissioners,  or 
any  four  of  them,  the  Comptroller  being  one.  (Id.,  sec.  74, 
with  verbal  changes.) 

§  63.  All  stocks  and  sureties  which  shall  be  purchased  by 
the  said  Board  of  Commissioners  shall  be  transferred  to 
the  said  commissioners,  and  all  transfers  thereof,  when 
disposed  of  pursuant  to  the  provisions  of  this  article,  shall 
be  made  by  the  said  commissioners,  or  any  four  of  them, 
of  whom  the  Comptroller  shall  be  one.  (Id.,  sec.  75,  with 
verbal   changes.) 

§  64.  The  city  stock  which  shall  be  purchased  by  the 
Board  of  Commissioners  shall  not  be  canceled  by  them  until 
the  final  redemption  of  the  said  stock,  and  all  interest 
accruing  thereon  shall  regularly  be  carried  to  the  said 
sinking  fund  for  the  redemption  of  the  city  debt.     (Id.,  sec. 

76,  wdth  verbal  changes.) 

§  65.  The  revenues  herein  assigned  for  the  redemption 
of  the  city  debt  shall  be  kept  distinct  from  all  other  reven- 
ues belonging  to  the  said  Board  of  Commissioners.     (Id.,  sec. 

77,  vvdth  verbal  changes.) 

§  66.  All  moneys  constituting  the  fund  for  the  payment 
of  the  interest  on  the  city  debt,  whenever  required  to  meet 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  13 

such    interest,    shall    be    drawn   from    the    treasury    in    the 
same  manner  prescribed  above.     (Id.,  sec.  78.) 

§  67.  Nothing  in  this  ordinance  shall  be  so  construed  as 
to  prevent  the  said  Board  of  Commissioners  from  tempo- 
rarily investing  the  unemployed  moneys  belonging  to  the 
sinking  fund  in  the  temporary  bonds  of  the  corporation. 
(Id.,  sec.  79,  with  verbal  changes.) 

§  68.  It  shall  be  the  duty  of  the  Comptroller  to  keep  a 
correct  journal  of  the  proceedings  of  the  said  Board  of 
Commissioners,  to  be  verified  by  any  four  of  them,  himself 
being  one;  and  once  in  each  year,  or  oftener  if  required, 
to  render  unto  the  Board  of  Aldermen  a  full  and  detailed 
report  of  the  proceedings  of  the  said  Board  of  Commis- 
sioners.    (Id.,  sec.  80,  with  verbal  changes.) 

§  69.  The  said  report  shall  specify  the  disbursements, 
purchases,  exchanges  and  sales  made  by  the  said  Board  of 
Commissioners;  the  prices  at  which  and  the  parties  from 
whom  such  purchases,  with  whom  such  exchanges,  and  to 
whom  such  sales  shall  have  been  made;  the  amounts  and 
descriptions  of  the  stocks  of  this  city  purchased  by  the 
said  board;  the  amounts  and  descriptions  of  the  stocks 
of  this  State  and  of  the  United  States  then  held  by  them; 
the  amounts  paid  for  interest  on  the  city  stocks,  with  a 
detailed  statement  of  the  receipts  and  the  unemployed 
moneys  in  the  city  treasury  to  the  credit  of  each  division 
of  the  sinking  fund.     (Id.,"  sec.  81,  with  verbal  changes.) 

§  70.  The  terms  "  City  Debt "  and  "  City  Stock  "  used  in 
this  article  shall  be  construed  to  mean  any  stock  or  fund 
created  by  the  corporation  of  The  City  of  New  York.  (Id., 
sec.  82.) 

§  71.  The  Board  of  Commissioners  of  "  the  Sinking  Fund 
of  The  City  of  New  York  for  the  Redemption  of  the  City 
Debt "  are  hereby  authorized,  as  provided  by  the  Greater 
New  York  Charter,  by  concurrent  resolution,  to  direct  that 
the  bonds  and  stocks  of  The  City  of  New  York,  hereafter 
issued,  pursuant  to  law,  shall  be  exempt  from  taxation  by 
said  city,  and  by  the  county  of  New  York,  but  not  from 
taxation  for  State  purposes,  and  all  bonds  and  stocks 
issued  pursuant  to  such  authority  shall  be  exempt  from 
taxation  accordingly,  provided  that  said  bonds  and  stocks 
shall  not  bear  interest  exceeding  the  rate  of  four  per  cent, 
per  annum.     (Id.,  sec.  83,  as  amended.) 

Article  IT.—  Sale  of  Real  Estate  Belonging  to  the  Sinking  Fund, 

§  72.  The  Board  of  Commissioners  of  the  Sinking  Fund 
are  hereby  authorized  to  sell  and  dispose  of  all  real  estate 
belonging  to  the  corporation  and  not  in  use  for  or  reserved 
for  public  purposes  at  public  auction  or  by  sealed  bids,  at 
such  times  and  on  such  terms  as  they  may  deem  most 
advantageous  for  the  public  interest,  in  conformity  with 
the  provisions  of  the  statute  in  this  article  before  referred 
to;   provided,  however,  that  no  property  shall  be  disposed 


14  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

of  for  a  smaller  sum  than  that  affixed  to  the  description 
of  said  property  under  this  article,  and  at  least  thirty  days' 
previous  notice  of  the  time  and  place  of  such  sale,  including 
a  description  of  the  property  to  be  sold,  be  published  in 
the  City  Record.     (Id.,  sec.  97,  with  verbal  changes.) 

§  73.  Eeal  estate  under  lease,  without  covenants  of 
renewal,  shall  not  be  sold  for  a  less  sum  than  the  same  may 
be  appraised  at  by  the  Board  of  Commissioners  of  the  Sink- 
ing Fund,  or  a  majority  of  them,  at  a  meeting  to  be  held 
and  on  an  appraisement  made  within  one  month  prior  to 
the  date  of  the  sale.     (Id.,  sec.  98,  with  verbal  changes.) 

§  74.  Real  estate  under  lease,  with  covenant  of  renewal, 
shall  not  be  sold  for  a  less  sum  than  an  amount  equal  to  a 
commutation  on  the  present  rents  reserved,  calculated  at 
six  per  cent.     (Id.,  sec.  99.) 

§  75.  Real  estate  not  embraced  in  the  last  two  preceding 
sections  shall  not  be  sold  for  a  less  sum  than  the  same  may 
be  so  appraised  at.     (Id.,  sec.  100.) 

§  76.  Whenever  any  real  estate  shall  have  been  sold  pur- 
suant to  the  preceding  sections  of  this  article,  it  shall  be 
the  duty  of  the  Board  of  Commissioners  of  the  Sinking 
Fund,  or  a  majority  of  them,  to  give  a  certificate,  under 
their  hands,  that  the  same  has  been  sold  pursuant  to  the 
provisions  of  this  article,  and  upon  the  production  of  such 
certificate  and  the  evidence  that  the  proceeds  of  such  sale 
have  been  paid  into  the  treasury  to  the  credit  of  the  sinking 
fund  for  the  redemption  of  the  city  debt,  it  shall  be  the 
duty  of  the  Mayor  of  the  City  and  the  Clerk  of  the  Board 
of  Aldermen  to  execute  proper  conveyances  of  such  real 
estate  under  their  hands  and  the  seal  of  the  city  corpora- 
tion.    (Id.,  sec.  101,  with  verbal  changes.) 

Article  V. —  The  Collector  of  Assessments  and  Arrears. 
§  77.  There  shall  be  paid  to  and  collected  by  the  Collector 
of  Assessments  and  Arrears,  for  the  benefit  of  the  city 
treasury,  on  his  furnishing  a  bill  of  arrears  or  making- 
searches  upon  a  requisition  for  searches  on  each  lot  or 
piece  of  property  mentioned  or  referred  to  therein,  in 
respect  to  Croton  water  rents,  50  cents;  in  respect  to 
taxes,  50  cents;  in  respect  to  assessments,  50  cents;  and 
for  his  certificate  upon  any  such  bill  or  search,  when 
requested,  10  cents.     (Id.,  sec.  39,  with  verbal  changes.) 

Article  YI. —  The  Bureau  of  City  Revenue  and  Markets. 
§  78.  The  Collector  of  City  Revenue  and  the  Superintend- 
ent of  Markets  is  charged  with  the  duty  of  superintending 
the  public  markets,  the  inspection,  regulation  and  manage- 
ment thereof,  and  of  the  transferring  and  other  regulation 
of  the  stalls  and  stands  therein.  (R.  O.  1897,  sec.  44,  with 
verbal  changes.) 

This  bureau  is  under  the  control  of  the  Finance  Department,  sec. 
151,  Greater  New  York  Charter.    The  City  Ordinances  of  1859  placed 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  15 

the  Bureau  of  Markets  in  the  City  Inspector's  Department.  That  a 
municipal  corporation  has  power  to  establish  public  markets  is  well 
settled.  St.  Johns  v.  Mayor,  etc.,  of  N.  Y.,  6  Duer,  315;  People  v. 
Lowber.  7  Abb.  Pr.  158,  28  Barb.  65;  Ketchum  v.  City  of  Buffalo, 
14  N.  Y.  356,  aff.  21  Barb.  294.  And  municipal  corporations  have 
power  to  regulate  established  markets:  Mayor,  etc.,  of  N.  Y.  v. 
Schultz.  31  How.  Pr.  385;  Barry  v.  Kennedy,  11  Abb.  Pr.,  N.  S.,  421. 
As  to  power  of  Comptroller,  see  Lowenstein  v.  Myers,  49  N.  Y.  St. 
Rep.  807,  and  People  ex  rel.  Westervelt  v.  Meyer,  5  N.  Y.  Supp.  69. 
An  ordinance  requiring  butchers  to  have  licenses  sustained:  City 
of  Buffalo  V.  Hill,  79  App.  Div.  402.  The  city  cannot,  however,  grant 
permits  to  erect  market  stands  in  the  public  streets:  Ely  v.  Camp- 
bell, 59  How.  Pr.  333. 

§  79.  The  Comptroller  may  appoint  proper  persons  to 
remove  dirt  and  filth,  from  the  public  markets,  and  to  per- 
form such  other  services  about  the  public  markets  as  are 
necessary  to  cleanse  the  same,  at  a  specified  compensation; 
and  may,  at  any  time,  remove  them,  or  appoint  others  in 
their  stead.     (Id.,  sec.  45.) 

§  80.  No  transfer  or  assignment  of  any  stall  or  stand 
in  any  of  the  public  markets  shall  be  made  without  the 
written  permission  of  the  Comptroller,  and  such  transfer 
shall  be  duly  entered  upon  the  register  or  list  of  stands, 
and  notice  of  the  transfer,  when  made,  shall  be  given  to 
the  Comptroller.     (Id.,  sec.  46.) 

§  81.  The  following  places  are  hereby  severally  desig- 
nated and  declared  to  be  the  public  markets  of  The  City 
of  New  York,  to  wit:  Clinton  Market,  Essex  Market, 
Franklin  Market,  Fulton  Market,  Jefferson  Market,  Tomp- 
kins Market,  Washington  Market,  West  Washington  Mar- 
ket, Gouverneur  Slip  and  the  Farmer's  Market,  bounded  by 
Little  Twelfth  street,  Gansevoort  street,  Washington  street 
and  West  street  and  Tenth  avenue.    (Id.,  sec.  47.) 

§  82.  So  much  of  the  lands  as  are  bounded  and  described 
as  follows,  to  wit:  Parcel  No.  1,  bounded  on  the  north 'by 
the  southerly  side  of  the  approach  to  the  Williamsburg 
bridge,  on  the  east  by  the  westerly  side  of  Attorney  street, 
on  the  south  by  the  southerly  clearance  line  of  the  Wil- 
liamsburg bridge,  and  on  the  west  by  a  line  parallel  with 
Attorney  street,  and  distant  160  feet  from  the  west  side 
of  Attorney  street,  said  parcel  being  160  feet  in  length  by 
31  feet  9  inches  in  width.  Parcel  No.  2,  bounded  on  the 
north  by  the  southerly  side  of  the  approach  to  the  Williams- 
burg bridge,  on  the  east  by  the  westerly  side  of  Eidge 
street,  on  the  south  by  the  southerly  clearance  line  of 
Williamsburg  bridge  property,  and  on  the  vs^est  by  the 
easterly  side  of  Attorney  street;  said  parcel  being  about 
200  feet  in  length  by  31  feet  9  inches  in  width;  is  hereby 
declared  to  be  a  temporary  market  place  for  hucksters  and 
peddlers  using  pushcarts,  pending  the  completion  of  the 
bridge,  the  Commissioner  of  Bridges  to  determine  the  date 
of  said  completion. 

Said  hucksters  and  peddlers  are  hereby  authorized  to 
stand  in  the  said  market  place,  as  soon  as  the  same  shall 
^e  in  proper  condition,  and  there  to  exhibit  their  waxes  and 


16  CODE  OF   OBDINANCES  OF   THE  CITY  OF  NEW  YORK. 

to  vend  the  same;  subject  to  snch  rules  and  regulations 
concerning  fees,  the  hours  of  doing  business  and  the  general 
management  of  said  market  <as  may  be  made  by  the  Comp- 
troller of  The  City  of  New  York.     (Ord.  app.  July  21,  1902.) 

§  83.  Provision  is  hereby  made  for  the  acquisition  and 
establishment  of  a  public  wholesale  market  in  the  Eighth 
Ward  of  the  Borough  of  BrookljTi,  City  of  New  York,  upon 
the  lands  and  lands  under  water  hm-einafter  described,  which 
are  hereby  selected  for  a  public  wholesale  market  in  said 
Borough  of  Brooklyn,  and  surveys  and  maps  thereof  are 
hereby  directed  to  be  madje  and  filed  as  provided  by  law. 
Said  lands  or  lands  under  water  shall  be  acquired  for  s-aid 
purposes  by  purchase  or  by  condemnation  proceedings,  as 
required  by  law,  provided,  however,  that  this  matter  be 
submitted  to  the  Board  of  Estimate  and  Apportionment, 
and  that  no  further  proceedings  be  taken  until  the  acquisi- 
tion of  said  lands  or  lands  under  water  is  approved  and 
authorized  by  the  Board  of  Estimate  and  Apportionment, 
as  required  by  law. 

The  lands  and  lands  under  water  so  selected  shall  be  set 
apart  for  use  as  a  public  wholesale  market,  provided,  how- 
ever, that  said  lands  or  lands  under  water  or  any  part 
thereof,  whenever  they  shall  no  longer  be  required  for  the 
purpose  of  a  market,  may  be  assigned  by  the  Commissioners 
of  the  Sinking  Fund  for  use  for  any  other  public  purpose,  or 
miay  be  sold  by  said  commissioners  in  the  manner  provided 
by  law. 

For  the  purpose  of  paying  for  the  acquisition  of  said  lands 
or  lands  under  water,  whether  such  lands  or  lands  under 
water  be  acquired  by  purchase  or  by  condemnation  pro- 
ceedings, and  for  the  purpose  of  paj-^ing  for  the  construction 
of  said  market,  the  Comptroller,  subject  to  the  approval  of 
the  Board  of  Estimate  and  Apportionment,  in  the  manner 
provided  by  law,  is  authorized  to  issue  corporate  stock  of 
The  City  of  New  York.  Such  corporate  stock  shall  be  issued 
from  time  to  time  upon  the  requisition  of  the  Board  of 
Estimate  and  Apportionment,  to  the  amount  of  such  requisi- 
tion or  requisitions,  and  the  proceeds  thereof  shall  be  paid 
into  the  city  treasury  and  shall  constitute  a  fund  for  the 
purpose  aforesaid. 

The  lands  or  lands  under  water  hereinbefore  mentioned 
and  referred  to  are  described  as  follows: 

All  that  certain  plot,  piece  or  parcel  of  land  and  land 
under  water,  situate,  Ijing  and  being  in  the  Eighth  Ward, 
Borough  of  Brooklyn,  County  of  Kings,  City  and  State  of 
New  York,  bounded  and  described  as  follows:  Beginning  at 
a  point  on  the  westerly  line  or  side  of  Second  avenue,  375 
feet  northerly  from  the  centre  line  of  Thirtj'-ninth  street, 
as  said  street  and  avenue  are  laid  down  on  the  map  of  the 
commissioners  appointed  by  the  Legislature  of  the  State  of 
New  York  to  lay  out  streets,  avenues  and  squares  in  the 
former  Cit^  of  Brooklj'n;  running  thence  westerly  on  a  line 


CODE  OF  OKDINANCES   OF  THE  CITY  OF  NEW  YORK.  17 

parallel  with  and  distant  375  feet  from  said  centre  lin£  of 
Thirty-ninth  street  to  the  pierhead  line  as  established  by 
chapter  491  of  the  Laws  of  1884,  and  approved  by  the 
Secretary  of  War  on  March  4,  1890;  thence  northeasterly 
along"  said  pierhead  line  to  a  point  on  the  westerly  pro- 
longation of  the  southerly  line  of  Thirty-sixth  street,  as 
laid  down  on  said  map;  thence  easterly  along  the  westerly 
prolongation  of  the  southerly  line  of  Thirty-sixth  street  to 
the  westerly  line  or  side  of  Second  avenue;  and  thence 
southerly  along  the  westerly  line  or  side  of  Second  avenue, 
376  feet,  more  or  less,  to  the  point  or  place  of  beginning. 
(Ord.  app.  June  7,  1904.) 

Article  VI-A, 

§  83A.  Every  cart,  wagon  or  other  vehicle  in  which 
articles  shall  be  brought  to  market,  or  which  shall  come 
within  the  limits  of  any  market,  shall  be  removed  therefrom 
at  or  before  seven  o'clock  in  the  morning  of  each  day 
between  the  first  day  of  May  and  the  first  day  of  October, 
and  at'  or  before  eight  o'clock  in  the  morning  of  each  day 
during  the  remainder  of  the  year,  under  the  penalty  of  five 
dollars  for  each  offense,  to  be  paid  by  the  owner  or  person 
having  charge  thereof.     (R.  O.  1897,  sec.  57.) 

§  83B.  Every  cart,  wagon  or  other  vehicle  in  which  any 
garden  produce  or  other  thing  shall  be  brought  to  market 
shall  be  unloaded  immediately  on  its  arrival  at  the  said 
market  and  forthwith  removed  from  said  market  or  the 
limits  thereof,  under  the  penalty  of  ten  dollars  for  every 
refusal  or  neglect  to  rem-ove  the  same,  to  be  recovered  from 
the  owner  or  owners,  or  person  or  persons  having  charge 
thereof,  severally  and  respectively.     (Id.,  sec.  58.) 

§  83C.  All  carts,  wagons  or  other  vehicles,  and  all  boxes, 
baskets  or  other  things,  and  all  market  produce  or  other 
articles  whatsoever  which  shall  not  be  removed  as  directed 
by  the  Superintendent  of  Markets  shall  be  removed  by  him 
to  the  corporation  yard,  and  such  part  thereof  as  will  pay 
the  penalty  imposed  by  this  article  shall  be  forthwith  sold, 
and  the  said  penalty,  when  thus  received,  shall  be  paid  over 
by  the  said  superintendent  to  the  Chamberlain  of  thjB  city. 
(Id.,  sec.  59.) 

§  83D.  The  said  superintendent  shall  also  sell  so  much 
of  the  said  article  or  thing  as  will  pay  the  expense  of 
removal,  and  the  remainder  thereof  shall  continue  in  the 
place  to  which  it  was  rem.oved  until  the  owner  thereof  shall 
pay  to  the  said  sux>erintendent,  for  the  use  of  The  City  of 
New  York,  the  sum  of  six  cents  for  every  cart  or  wagon 
load  thereof  for  every  day  the  same  shall  have  remained  in 
the  said  place  of  removal.     (Id.,  sec.  60,  with  verbal  changes.) 

§  83E.     The  owmer  of  every  cart  or  other  vehicle  used  for 

the    purpose    of    bringing    meat,    garden    produce    or    other 

thing  to  any  of  the  public  markets  to  be  sold  shall  cause 

his  or  her  name  to  be  painted  in  a  plain  manner  and  on  a 

2 


18  CODE  OF  ORDINANCES  OP  THE  CITY  OF  NEW  YORK. 

oonspicuous  part  of  such  cart  or  other  vehicle,  under  the 
penalty  of  five  dollars  for  every  time  the  same  shall  be 
used  or  driven  in  The  City  of  Nev^^  York  vs^ithout  such  name, 
to  be  recovered  from  the  ovv^ner  or  driver  thereof,  severally 
and  respectively.     (Id.,  sec.  61.) 

§  83F.  The  last  preceding  section  shall  not  be  construed 
to  apply  to  the  carts  used  by  licensed  cartmen  of  this  city, 
nor  to  w^ag-ons,  carts  or  other  vehicles  owmed  by  country- 
men and  bringing  such  countrymen's  produce  to  market. 
(Id.,  sec.  62.) 

Chapter  5. —  The  Borough   Presidents. 
Article  I. —  Contracts  and  General  Powers. 

§  84.  All  contracts  for  work,  materials  or  supplies  relat- 
ing to  any  of  the  matters  under  the  cognizance  of  the 
respective  Borough  Presidents  shall  be  made  by  the  said 
Borough  Presidents,  and  bonds,  to  be  approved  by  the 
Comptroller,  shall  be  taken  for  the  faithful  performance 
thereof;  all  such  contracts  shall  be  executed  in  triplicate 
by  the  said  Borough  Presidents  on  the  part  of  the  corpora- 
tion, and  by  the  contractor;  one  original  copy  so  executed 
shall  be  kept  and  filed  in  the  office  of  the  Borough  Presi- 
dent, one  shall  be  filed  in  the  office  of  the  Comptroller,  and 
the  third  shall  be  given  to  the  contractor.  (R.  O.  1897,  sec. 
131,  with  verbal  changes.) 

§  85.  No  payment  shall  be  made  on  any  work  or  job 
done  by  contract,  for  any  extra  work  thereon  not  specified 
in  the  contract,  unless  such  extra  work  shall  have  been 
done  by  the  written  order  of  the  Borough  President  direct- 
ing the  same,  and  stating  that  such  work  is  not  included 
in  the  contract.  And  no  such  expenditure  shall  in  any  case 
be  made,  the  total  amount  of  which  on  any  one  work  shall 
exceed  $1,000,  unless  the  same  shall  be  authorized  by  the 
Board  of  Aldermen.     (Id.,  sec.  132,  with  verbal  changes.) 

§  86.  All  moneys  payable  by  the  corporation  for  work 
done,  or  supplies  furnished  by  contract  or  otherwise,  under 
the  Borough  Presidents,  shall  be  paid  by  the  Comptroller, 
by  warrant  drawn  in  favor  of  the  person  or  persons  to 
whom  payments  are  due,  except  as  otherwise  provided  in 
these  ordinances,  and  except  that  in  the  case  of  a  pay-roll 
for  labor  performed  under  the  supervision  of  the  Borough 
Presidents,  the  Comptroller  may  draw  a  warrant  for  the 
total  amount  of  such  pay-roll,  in  favor  of  the  Chamberlain, 
who  shall  make  the  payments  therein  specified.  (Id.,  sec. 
133,  with  verbal  changes.) 

§  87.  No  payments  shall  be  made  for  any  work  or  sup- 
plies vdthin  the  cognizance  of  the  Borough  Presidents, 
except  upon  the  requisition  of  the  Borough  President,  upon 
a  voucher  duly  certified.  A  receipt  shall  be  taken  upon  each 
of  such  vouchers  at  the  time  of  payment,  which  shall  be 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  19 

filed  in  the  office  of  the  Comptroller.  (Id.,  sec.  134,  with 
verbal  changes.) 

§  88.  The  respective  Borough  Presidents  shall,  when 
required  by  the  Board  of  Aldermen,  inquire  into  and  report 
upon  any  of  the  matters  within  their  cognizance,  and  shall, 
from  time  to  time,  communicate  to  the  Board  of  Aldermen 
any  information  or  suggestion  which  he  may  deem  import- 
ant in  relation  thereto.     (Id.,  sec.  135,  with  verbal  changes.) 

§  89.  Each  Borough  President  shall  issue  proposals  and 
advertise  for  bids  for  all  contracts  exceeding  $1,000  con- 
nected with  his  department;  and  whenever  a  survey  or 
plans  shall  be  necessary  for  any  work  duly  authorized,  or 
for  the  purpose  of  reporting  any  necessary  information,  he 
shall  cause  such  survey  or  plans  to  be  made  by  a  competent 
surveyor,  architect  or  engineer,  as  the  nature  of  the  work 
may  require.     (Id.,  sec.  136,  with  verbal  changes.) 

§  90.  He  shall  control  and  direct  all  expenditures  to  be 
made  by  his  department,  shall  countersign  and  draw  his 
requisition  upon  the  Comptroller  for  the  payment  of  all 
bills  and  accounts  therefor  which  in  his  judgment  are  cor- 
rect, and  which  may  be  duly  certified  by  the  department 
under  whose  supervision  the  expenditure  was  incurred;  and 
no  requisition  shall  be  drawn  by  any  Borough  President  for 
the  payment  of  any  bills  or  accounts  until  the  same  shall 
have  been  duly  certified  as  aforesaid,  except  that  the  bills 
and  accounts  for  expenditures  for  the  removal  of  incum- 
brances or  for  the  other  expenditures  authorized  by 
ordinance,  but  not  under  the  immediate  supervision  of  any 
department,  shall  be  certified  by  the  Borough  President. 
(Id.,  sec.  137,  with  verbal  changes.) 

§  91.  The  President  of  each  Borough  shall  present  and 
report  to  the  Corporation  Counsel  all  encroachments  on  the 
streets  or  avenues  in  The  City  of  New  York  which  may  be 
brought  to  his  notice,  or  take  such  other  action  thereon  as 
may  be  prescribed  by  ordinance  in  relation  thereto.  He 
shall  appoint  a  competent  inspector  of  contract  work  con- 
nected with  his  department,  in  all  cases  where  he  may  deem 
the  public  service  requires  such  inspector.  In  all  cases 
where  an  assessment  shall  be  levied  for  any  improvements 
the  amount  paid  for  inspection  on  any  contract  work  con- 
nected therewith  shall  be  assessed  and  collected  with  the 
other  expenses  of  such  improvement,  except  where  the 
inspector's  wages  are  legally  chargeable  to  the  contractor. 
(Id.,  sec.  138,  with  verbal  changes.) 

§  92.  In  all  cases  where  provision  is  made  by  ordinance 
that  the  consent  of  any  Borough  President  may  be  obtained 
to  authorize  any  act  to  be  done,  he  may  grant  permits 
therefor,  subject  to  the  restriction  of  the  ordinances  in 
relation  thereto.     (Id.,  sec.  139,  with  verbal  changes.) 

§  93.  He  shall  cause  to  be  entered  in  books  to  be  provided 
for  that  purpose  and  kept  in  his  office,  open  at  all  con- 
venient times  to  public  inspection,  the  names  of  all  persons 


20  CODE  OF   OBDINAr^CES  OF  THE  CITY  OF  NEW  YOBK. 

from  whom  he  may  receive  money  for  the  corporation,  on 
trust  account  or  otherwise;  the  amounts  received,  on  what 
account,  and  when  paid;  and  shall  render  a  certified  account 
thereof,  under  oath,  item  by  item,  to  the  Comptroller,  on 
Thursday  of  each  week,  and  shall  thereupon  pay  over  the 
amount  so  received  to  the  Chamberlain.  He  shall  there- 
upon receive  from  the  Chamberlain  duplicate  vouchers  for 
the  payment  thereof,  one  of  which  he  shall,  on  the  same 
day,  file  in  the  office  of  the  Comptroller.     (Id.,  sec.  140.) 

§  94.  He  may  direct  the  removal  of  any  article  or  thing* 
whatsoever  which  may  incumber  or  obstruct  a  street  or 
avenue  in  The  City  of  New  York,  under  the  penalties  pre- 
scribed by  law.     (Id.,  sec.  141.) 

See  sec.  383  of  the  Greater  New  York  Charter,  subdivision  6, 
where  the  President  of  the  Boroug-h  is  given  "  cognizance  and 
control  .  .  .  6.  Of  the  removal  of  incumbrances,"  and  sec.  50 
of  the  Charter,  where  the  Board  of  Aldermen  is  given  "  power 
.  .  .  to  prevent  encroachments  upon  and  obstructions  to  the 
streets  and  to  authorize  and  require  their  removal  by  the  proper 
officers."  This  work  for  many  years  has  been  under  the  imme- 
diate direction  of  the  "  Bureau  of  Incumbrances."  This  name  is 
kept  in  use  for  convenience.  The  Revised  Ordinances  of  1880, 
under  chapter  6,  use  it  as  the  heading  for  article  IV,  which 
includes  the  various  ordinances  forbidding  encumbering  the  streets. 
In  the  City  Ordinaoices  of  1859,  where  the  eight  bureaux  of 
the  Street  Department  are  explicitly  enumerated  and  defined 
(sec.  2,  art.  1,  chap.  IV),  no  mention  is  made  of  a  "  Bureau  of 
Incumbrances,"  although  the  department  is  given  cognizance  of 
"  the  removing  incumbrances  for  streets,  roads,  places,  wharves, 
piers  and  slips  "  (Id.,  sec.  1).  The  Bureau  was  explicitly  author- 
ized by  the  Consolidation  Act  (chap.  410,  L.  1882,  sec.  317,  subdiv_  8). 
The  powers  given  him  as  above  are  very  great.  The  Charter  gives 
the  Street  Cleaning  Commissioner  (sec.  545)  power  to  remove 
certain  movable  property  found  in  the  streets.  The  terms  of  this 
section  (545)  and  of  547  are  so  broad  as  to  be  somewhat  confusing, 
for  they  apparently  give  the  Street  Cleaning  Commissioner  power 
to  remove  all  "  incumbrances,"  although  intended,  however,  to  be 
limited  to  those  relating  to  cleaning  the  streets.  Where  an  officer 
fails  to  remove  incumbrances  mandamus  lies  to  compel  him.  See 
notes,  sec.  219. 

§  95.  Each  Borough  President  shall  keep  separate 
accounts  with  the  two  appropriations,  one  for  the  removal 
of  incumbrances,  and  the  other  for  the  conting-encies  of 
his  department  and  the  several  drafts  shall  be  made  upon 
the  Comptroller,  charing*  each  appropriation  with  the 
respective  drafts,  and  the  Comptroller  shall  draw  his  war- 
rant in  each  case  in  favor  of  the  Boroug-h  President  for 
the  amounts  thereof.     (Id.,  sec.  144,  with  verbal  changes.) 

§  96.  All  articles  removed  as  provided  in  this  article  may 
be  redeemed  by  the  owner  upon  his  paying  to  the  Borough 
President,  •  for  the  use  of  the  corporation,  the  necessary 
expenses  of  removal,  together  with  six  cents  per  day  for 
every  cart-load  thereof  during  the  time  it  shall  remain 
unclaimed.     (Id.,  sec.  145,  with  verbal  changes.) 

§  97.  Each  Borough  President  shall  enter  in  a  book,  to 
be  provided  for  that  purpose,  a  list  of  all  articles  so  removed, 
with  the  time  of  removal  and  the  expenses  thereof;  and 
when  the  same  shall  be  redeemed  he  shall  likewise  enter 


CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  21 

therein  the  name  of  the  person  redeeming  the  same  and  the 
amount  received  therefor,  and  shall  render  a  certified 
account  thereof  to  the  Comptroller  on  Thursday  of  each 
week,  and  shall  thereupon  pay  over  the  amount  so  received 
to  the  Chamberlain.  He  shall  also  thereupon  receive  from 
the  Chamberlain  duplicate  vouchers  for  the  payment  thereof, 
one  of  which  he  shall,  on  the  same  day,  file  in  the  office  of 
the  Comptroller.     (Id.,  sec.  146,  wdth  verbal  changes.) 

§  98.  He  shall  between  the  first  and  tenth  days  of 
February,  May,  August  and  November,  and  at  any  other 
time  he  may  designate,  in  each  year,  advertise  and  sell,  at 
public  auction,  all  such  articles  so  removed  as  shall  have 
been  in  the  public  yard,  or  other  suitable  place,  one  month 
prior  to  the  time  of  advertising;  and  he  shall,  immediately 
after  such  sale,  account  for  and  pay  the  proceeds  thereof 
into  the  city  treasury  in  the  manner  provided  in  the  last 
section.     (Id.,  sec.  147.) 

§  99.  The  jurisdiction  over  the  corporation  yards,  except 
such  as  are  or  shall  be  established  by  the  Commissioner  of 
Street  Cleaning,  is  vested  in  the  Borough  Presidents.  (Id., 
sec.  148,  with  verbal  changes.) 

§  100.  The  Presidents  of  the  Boroughs  of  The  City  of 
New  York  be  and  they  are  each  of  them  hereby  authorized 
to  close  temporarily  to  traffic  any  street,  avenue  or  public 
highway,  or  a  portion  thereof,  when  in  their  judgment 
travel  in  the  said  street,  avenue  or  public  highway  is  deemed 
to  be  dangerous  to  life  in  consequence  of  their  being  carried 
on  in  said  street,  avenue  or  public  highway  building  opera- 
tions, repairs  to  street  pavement,  or  blasting  for  the  pur- 
pose of  removing  rock  from  abutting  property.  (Bes.  app. 
May  31,  1904.) 

Article  II. — Numhering  Streets  and  Buildings. 

§  101.  It  shall  be  the  duty  of  any  Borough  President,  in 
numbering  and  renumbering  streets,  to  leave  sufficient 
numbers  on  each  block,  so  that,  under  any  circumstances, 
there  would  be  but  one  block  where  a  change  would  be 
required  in  case  of  renumbering  at  anj^  subsequent  time. 
(K.  O.  1897,  sec.  229,  with  verbal  changes.) 

§  102.  Whenever  any  street  north  of  Ninth  street  inclu- 
sive, in  the  Borough  of  MJanhattian,  shall  be  directed  to  be 
numbered  or  renumbered,  the  President  of  said  borough 
shall  cause  the  numbers  to  commence  at  the  Mfth  avenue, 
numbering  east  and  west,  beginning  with  No.  1  on  the  west 
side  of  Fifth  avenue;  No.  100  on  the  west  side  of  Sixth 
avenue;  No.  200  on  the  west  side  of  Seventh  avenue,  and 
so  on  east  and  west  of  the  Fifth  avenue  through  the  whole 
series  of  streets  north  of  Ninth  street,  and  including  Ninth 
street;  and  said  streets  shall  hereafter  be  called  and  knovra 
as  East  Ninth  street  and  West  Ninth  street  and  so  on;  the 


22      CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

dividing-  line  to  be  the  Fifth  avenue.      (Id.,   sec.   230,   with 
verbal  changes.) 

§  103.  Whenever  any  street  shall  have  been  numbered  or 
renumbered,  as  the  case  may  be,  in  pursuance  of  these 
ordinances,  such  numbers  shall  not  be  changed  or  altered 
without  the  consent  of  the  President  of  the  Borough,  under 
the  penalty  of  twenty-five  dollars  ($25)  for  each  offense,  to 
be  sued  for  and  collected  of  the  person  or  persons  so 
violating  these  ordinances.  (Id.,  sec.  231,  with  verbal 
changes.) 

§  104.  In  all  oases  where  a  street  shall  have  been  num- 
bered or  renumbered,  in  pursuance  of  these  ordinances,  it 
shall  be  the  duty  of  the  Borough  President  thereafter  to 
adjust  and  renumber  such  street  as  the  same  may  be 
required  from  time  to  time.  (Id.,  sec.  232,  wdth  verbal 
changes.) 

§  105.  Whenever  any  house  or  lot  in  any  street  in  the 
Borough  of  Manhattan  shall  have  been  numbered  or  renum- 
bered, according  to  law  or  the  provisions  of  these  ordinances, 
it  shall  be  the  duty  of  the  President  of  the  Boroug"h  to 
cause  to  be  served  upon  the  owmer  of  the  house  so  numbered 
or  renumbered,  or  upon  his  agent,  or  upon  the  sole  lessee 
(if  any)  of  such  house,  either  personally  or  by  leaving  at 
the  residence  of  said  owner,  agent  or  lessee  a  copy  of  the 
resolution  or  ordinance  so  numbering  or  renumbering  such 
house,  together  wdth  a  notice  designating  the  numbering 
or  renumbering"  of  the  same,  directed  to  such  owner,  agent 
or  lessee.  If  such  owner,  agent  or  lessee  shall  fail,  within 
ten  days  after  such  service,  to  number  or  renumber  in  a 
conspicuous  manner  the  house  so  numbered  or  renumbered, 
as  aforesaid,  the  one  or  such  of  them  so  notified,  and  failing 
as  aforesaid,  shall  be  jointly  and  severally  liable  to  a  penalty 
of  $1  for  each  day  after  the  expination  of  said  ten  days, 
until  said  resolution  or  ordinance  shall  have  been  complied 
with.  Provided,  however,  that  the  penalty  above  provided 
for  shall  not  be  recoverable  in  either  of  the  following  cases: 
First,  as  ag-ainst  the  agent  if  he  offer  satisfactory  proof 
that  compliance  vdth  the  resolution  or  ordinance  is  not 
within  the  scope  of  his  authority;  second,  as  against  the 
lessee,  if  he  offer  satisfactory  proof  that  his  control  of  the 
demised  house  does  not  extend  to  numbering  or  renumbering 
the  same;  third,  as  against  any  defendant  who  shall  prove 
that  the  house  in  question  has  been  numbered  or  renum- 
bered within  the  two  years  last  preceding  the  date  of  the 
beginning  of  the  action  for  such  penalty.  A  copy  of  this 
section  shall  be  indorsed  upon  each  notice  so  served  as 
aforesaid.     (Ord.   app.  Feb.  24,  1905.) 

§  106.  No  person  or  persons  shall  cover  up  or  remove  any 
of  the  monument  stones  for  designating  the  avenues  and 
streets  in  The  City  of  New  York,  without  giving  three  days' 
notice  in  writing  of  his  intention  so  to  do  to  the  President 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  23 

of  the  Borough  in  which  such  monument  stone  is  situated. 
(R.  O.  1897,  sec.  233,  with  verbal  changes.) 

§  107.  It  shall  be  the  duty  of  the  Borough  President 
receiving  such  notice  forthvsdth  to  cause  one  of  thjB  city- 
surveyors  or  an  engineer  in  his  department  to  take  the 
necessary  measures  to  raise  or  lower  such  monument  to 
thiB  proper  grade  of  the  city,  and  to  cause  such  alteration 
to  be  noticed  on  maps  to  be  kept  in  his  office  for  that 
purpose.     (Id.,  sec.  234,  with  verbal  changes.) 

§  108.  It  shall  be  the  duty  of  each  of  the  Borough  Presi- 
dents above  mentioned  in  all  contracts  hereafter  made  by 
him  for  regulating  any  of  the  streets  or  avenues  in  which 
monuments  are  placed  to  insert  therein  a  covenant  on  the 
part  of  the  contractors  to  give  the  notice  above  required, 
and  to  replace  such  stones,  under  the  direction  of  the  said 
Borough  President.     (Id.,  sec.  235,  with  verbal  changes.) 

§  109.  No  excavation  or  embankment  shall  be  made,  or 
any  pavement  or  flagging  laid  or  moved  by  any  peirson  or 
persons  within  two  feet  of  any  monument  or  bolt,  which 
has  been  set  by  proper  authority  or  designated  on  any 
official  map  as  a  landmark  to  denote  street  lines  wdthin 
The  City  of  New  York  unLess  a  license  therefor  has  been 
obtained  from  the  President  of  the  Borough  in  which  such 
monument  or  bolt  is  situated.  (Id.,  sec.  236,  with  verbal 
changes.) 

§  110.  Whenever  it  may  be  necessary  to  make  any  exca^ 
vation  or  embankment,  or  to  lay  or  remove  any  pavement 
or  flagging  vsdthin  two  feet  of  any  street  monument  or  bolt, 
as  aforesaid,  any  person  or  persons  intending  to  do  such 
work  shall  make  written  application  to  the  Borough  Presi- 
dent having  jurisdiction  as  aforesaid  for  a  license,  which 
application  shall  set  forth  the  nature  of  the  work  proposed 
and  location  of  the  monument  afEected  thereby. 

The  said  Borough  President  shall  thereupon  cause  one  of 
the  city  surveyors  or  an  engineer  in  his  department  to  take 
such  measurements  and  field  notes  as  may  be  necessary  to 
restore  such  monuments  to  their  correct  position  after  the 
completion  of  the  contemplated  work,  and  when  such  meas- 
urements and  field  notes  have  been  taken,  but  not  before, 
may  issue  a  license  as  desired.  (Id.,  sec.  237,  with  verbal 
changes. 

§  111.  "Whenever  any  of  the  Borough  Presidents  above 
mentioned  shall  ascertain  that  any  monument  stone  has 
been  removed,  he  shall  forthwith  cause  the  Siame  to  be 
placed  in  its  proper  position,  and  shall  note  the  same  on 
the  map  in  the  manner  before  stated.  (Id.,  sec.  238,  with 
verbal  changes. 

§  112.  The  expenses  attending  the  same  shall  be  paid  by 
the  Comptroller  on  the  certificate  of  the  Borough  President, 
causing  such  work  to  be  done.  (Id.,  sec.  239,  with  verbal 
changes,) 


24     CODE  OV   OnDINANCES  OF  THE  CITY  OF  NEW  YORK. 

§  113.  If  any  person  or  persons  sliall  make  any  excavation 
or  embankment,  or  lay  or  take  up  any  pavement  or  flagging 
within  two  feet  of  any  street  monument,  or  shall  in  any 
way  remove,  injure  or  deface  any  such  monument,  without 
having  first  obtained  a  license  as  aforesaid,  such  person  or 
persons  shall  be  subject  to  a  penalty  of  $50  for  each  offense, 
to  be  imposed  by  any  city  magistrate  or  justice  either  on  his 
own  view  or  on  testimony  takjen  in  a  summary  manner,  and 
in  default  of  payment  of  any  fine  so  imposed  such  city  magis- 
trate or  justice  shall  commit  such  offender  to  the  city 
prison  for  a  period  not  to  exceed  thirty  days  unless  such 
fine  is  sooner  paid.  (Id.,  sec.  240,  as  amended  by  ord.  app. 
Nov.  23,  1906.) 

Article  III. —  Flagging,  Curbing  and  Repairing  Sidewalks. 
§  114.  All  streets  in  the  Borough  of  Manhattan  of  22  feet 
in  width  and  upward  shall  have  sidewalks  on  each  side 
thereof  laid  with  granite  or  bluestone  flagging,  not  less  than 
3  inches  thick,  and  not  less  than  2  feet  wide,  and  containing 
a  superficial  area  of  at  least  8  square  feet.  (R.  O.  1897,  sec. 
242,  wdth  verbal  changes. .  (Amended  by  ord.  app.  Nov.  17, 
1906,  infra.) 

The  general  plan  prescribed  in  this  article  is  very  old,  having 
been  adopted  early  in  the  last  century. 

§  115.  In  all  streets  of  the  Borough  of  Manhattan  of  the 
width  of  40  feet  and  upward,  which  are  paved,  or  shall 
hereafter  be  paved  or  repaved,  the  sidewalks  or  footwalks 
between  the  lines  of  the  streets  and  kennels  shall  be  of  the 
following  width,  that  is  to  say: 

1.  In  all  streets  40  feet  wide,  10  feet. 

2.  In  all  streets  50  feet  wide,  13  feet. 

3.  In  all  streets  60  feet  wide,  15  feet. 

4.  In  all  streets  70  feet  vdde,  18  feet. 

5.  In  all  streets  75  feet  wide,  18  feet  6  inches. 

6.  In  all  streets  80  feet  wide,  19  feet. 

7.  In  all  streets  above  80  feet  and  not  exceeding  100  feet, 
20  feet. 

8.  In  all  streets  of  more  than  100  feet,  22  feet  and  no 
more.     (Id.,  sec.  243,  with  verbal  changes.) 

§  116.  In  all  streets  less  than  40  feet  in  width  such  pro- 
portion thereof  as  may  be  directed  by  the  President  of  the 
Borough  in  which  such  streets  are  located  shall  be  used  and 
flagged  for  sidewalks  and  footpaths.  (Id.,  sec.  244,  with 
verbal  changes. 

§  117  omitted. 

§  118.  All  sidewalks  in  the  Borough  of  Manhattan  shall 
be  raised  from  the  curbstone  in  th£  proportion  of  2  inches 
on  10  feet,  under  the  penalty  of  $10,  to  be  sued  for  and 
recovered  from  the  persons  laying  and  fixing  the  same  and 
the  owner  or  owners  of  the  lot  fronting  on  the  sidewalk, 
severally  and  respectively.  (Id.,  sec.  245,  with  verbal 
changes.} 


CODE  OF  OEDINANCES  OF  THE  CITY  OF  NEW  YORK.  25 

§  119.  No  person  shall  extend  the  sidewalk  before  his 
lot  beyond  that  of  his  neighbor,  in  any  street  where  the 
same  is  not  yet  extended  to  the  width  allowed  by  law  under 
the  penalty  of  $10  for  each  offense,  to  be  sued  for  and 
recovered  from  the  person  or  persons  so  violating-,  and  the 
owner  or  owners  of  the  lots  fronting-  on  such  sidewalks, 
severally  and  respectively.     (Id.,  sec.  246.) 

§  120.  The  last  preceding  section  of  this  article  shall  not 
be  construed  to  prevent  the  extending  of  any  such  sidewalks 
when  a  majority  of  the  owners  of  property  on  the  same  side 
of  the  street  and  between  the  two  nearest  corners,  by  and 
with  the  permission  of  the  President  of  the  Borough  in 
which  such  street  is  located,  agree  to  and  do  extend  the 
sidewalks  in  front  of  their  respective  lots  of  ground  in  like 
manner.     (Id.,  sec.  247,  with  verbal  changes.) 

§  121.  No  sidewalk  or  any  part  of  a  sidewalk  laid  with 
brick  or  flagging  shall  hereafter  be  taken  up,  or  the  brick 
or  flagging  removed  therefrom,  for  any  purpose  what- 
ever, in  The  City  of  New  York,  without  the  written 
permission  of  the  President  of  the  Borough  in  which 
the  same  is  situated,  under  the  penalty  of  $25  for  every  such 
offense;  but  the  provisions  of  this  section,  unless  such  work 
should  come  within  the  limits  of  an  ordinance  of  the  Board 
of  Aldermen,  shall  not  apply  to  any  person  engaged  in  the 
necessary  repairs  of  any  such  sidewalk,  the  resetting,  when 
necessary,  of  any  curb  or  gutter-stones  that  may  have  be- 
come displaced,  broken  or  sunken,  or  the  necessary  repair 
or  alteration  of  any  coal  slide  under  any  such  sidewalk,  nor 
shall  a  permit  for  any  such  purpose  be  necessary.  (Id.,  sec. 
248,  with  verbal  changes.  Amended  by  ord.  app.  Nov.  17, 
1906,  infra.) 

§  122.  All  private  cart-ways,  crossing  any  of  the  sidewalks 
of  the  Borough  of  Manhattan,  and  all  sidewalks  whatever 
shall  be  paved  with  granite  or  bluestone,  not  less  in  size 
than  eight  superficial  feet,  hewn  and  laid  closely  together, 
and  not  with  brick  or  with  round  or  paving  stones,  under 
the  penalty  of  $10  upon  the  owner  and  occupant  of  the  lot 
in  front  of  which  such  cart-way  or  sidewalk  shall  be,  sever- 
ally and  respectively.  (Id.,  sec.  240,  with  verbal  changes. 
Amended  by  ord.  app.  Nov.  17,  1906,  infra.) 

§  123.  In  case  any  part  of  such  private  cart-way  or  any 
paj^  of  such  sidewalk  shall  not  be  paved,  repaved  or  repaired 
according  to  the  provisions  of  the  last  section,  it  shall  be 
lawful  for  the  said  Borough  President  to  order,  in  writing, 
the  same  to  be  done  within  a  time  mentioned  in  such  order, 
at  the  expiration  of  which  time  the  same  may  be  done  under 
the  direction  of  the  said  Borough  President,  and  the  expense 
thereof  collected  of  the  owner  or  owners,  occupant  or  occu- 
pants of  the  lot  fronting  thereon.  (Id.,  sec.  250,  with  verbal 
changes.) 

§  124.  All  curb-stones  which  shall  hereafter  be  laid  for 
the  purpose  of  supporting^  the  sidewalks  shall  not  be  lesg 


26      CODE  OF  OKDINANCES  OF  THE  CITY  OF  NEW  YORK. 

than  three  feet  in  length,  5  inches  thick,  20  inches  wide 
throughout,  and  shall  be  of  the  best  bluestone  or  gray 
granite,  and  cut,  prepared  and  laid  in  the  following  manner, 
that  is  to  say:  10  inches  of  the  stone  shall  be  laid  below  the 
kennel  and  10  inches  above  it,  except  where  the  length  of 
curb-stone  to  be  laid  or  relaid  shall  be  less  than  the  space 
between  the  streets  crossing  that  in  which  it  is  to  be  laid, 
in  which  case,  if  the  curb-stone  in  front  of  the  lots  adjoining 
shall  be  put  8  inches  above  the  gutter-stone,  the  curb  to  be 
laid  or  relaid  as  aforesaid  shall  not  be  placed  more  than 
8  inches  above  the  grutter-stone  unless  the  person  or  persons 
laying  or  relaying  the  same  shall,  by  permission  of  the 
owner  or  owners  of  the  lots  adjoining,  at  his,  her  or  their 
own  expense,  raise  the  adjoining  sidewalk  or  sidewalks,  and 
replace  the  same  in  a  proper  manner  for  a  space  of  at  least 
5  feet  in  vddth,  so  as  to  prevent  any  abrupt  irregularity  in 
the  pavement  of  the  sidewalk;  the  top  of  the  stone  shall 
be  cut  to  a  level  of  1  inch;  the  front  to  be  cut  smooth  and 
to  a  fair  line  to  the  depth  of  14  inches;  the  ends  from  top 
to  bottom  to  be  truly  squared  so  as  to  form  close  and  even 
joints,  and  the  front  so  laid  as  to  present  a  fair  and  unbroken 
line,  under  the  penaltj^  of  $10  for  each  or  any  violation  of 
either  of  the  provisions  of  this  section,  to  be  sued  for  and 
recovered  from  the  persons  laying  and  fixing  the  same,  and 
the  owner  or  owners  of  the  lot  fronting  on  the  sidewalk  so 
fixed,  severally  and  respectively;  but  in  all  cases  wher? 
streets  are  repaved  and  curbs  are  reset  at  the  public  expense, 
the  President  of  the  Borough  in  which  the  same  are  located 
may  lay  curb  not  exceeding  8  inches  in  width  and  not  less 
than  12  inches  in  depth,  with  a  foundation  of  concrete  of 
not  less  than  5  inches  in  depth.  (Id.,  sec.  251,  with  verbal 
changes.) 

§  125.  All  gutter-stones  which  shall  hereafter  be  laid  in 
this  city  shall  be  of  the  best  hard  bluestone  or  granite,  at 
least  30  inches  in  length,  14  inches  in  width,  and  6  inches 
thick,  and  shall  be  cut  to  a  fair  and  level  surface  without 
windings,  with  true  and  parallel  sides,  and  the  ends  square 
so  as  to  form  tight  and  close  joints,  under  the  penalty  of 
$10,  to  be  sued  for  and  recovered  from  the  person  or  persons 
laying  the  same  and  the  owner  or  owners  of  the  lot  fronting 
on  the  sidewalk  or  street,  severally  and  respectively.  (Id., 
sec.  252.) 

§  126.  If  any  street,  when  i>aved,  shall  not  exactly  range, 
the  gutter  or  outside  of  the  footpath  or  sidewalk  shall  be 
laid  out  and  made  as  nearly  in  a  straight  line  as  the  street 
Mali  permit;  and  the  ascent  and  descent  of  the  same  shall 
be  regulated  by  the  President  of  the  Borough  in  which  the 
same  is  located,  and  a  profile  thereof,  with  the  regulations 
distinctly  marked  thereon,  shall  be  deposited  and  kept  in  the 
office  of  the  Borough  President  regulating  the  same.  (Id., 
sec.  253,  with  verbal  changes.) 

§  127.  When  any  carriageway  shall  have  been  paved,  and 
a  majority  of  owrners  of  lots  on  the  same  block  shall  have 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.     27 

regulated  and  paved  their  sidewalks,  the  President  of  the 
Borough  in  which  the  same  is  located,  shall  give  notice  to 
the  owner  or  owners,  or  occupant  or  occupants,  on  any  lota 
in  front  of  which  the  sidewalks  shall  not  be  paved,  to  regu- 
late and  pave  the  same  vdthin  a  certain  time  to  be  desig- 
nated in  such  notice.     (Id.,  sec.  254,  with  verbal  changes.) 

§  128.  In  case  of  any  neglect  or  refusal  to  comply  with 
the  requisitions  contained  in  the  notice  mentioned  in  the 
last  preceding  section,  the  owTier  or  owners,  occupant  or 
occupants,  shall  forfeit  the  penalty  of  $25  for  each  neglect 
or  refusal,  severally  and  respectively.     (Id.,  sec.  255.) 

§  129.  The  owner  or  owners,  lessee  or  lessees,  occupant 
or  occupants  of  any  house  or  other  building  or  vacant  lots 
fronting  on  any  street  or  avenue,  shall  at  his,  her  or  their 
charge  and  expense,  well  and  sufficiently  pave,  according  to 
the  ordinances,  and  keep  and  maintain  in  good  repair  the 
sidewalks  and  curb  and  gutter  of  such  street  or  avenue  in 
front  of  any  such  house  or  other  building  or  vacant  lot. 
(Id.,  sec.  256.) 

§  130.  Upon  complaint  being  made  to  the  Borough  Presi- 
dent having  jurisdicton  thereof,  to  his  satisfaction,  that 
any  sidewalk  or  curb  and  gutter,  or  either,  are  not  paved 
or  repaired  according  to  these  ordinances,  it  shall  be  lawful 
for  the  said  Borough  President  to  cause  a  notice  to  be 
served  upon  the  owner  or  owners,  lessee  or  lessees,  occu- 
pant or  occupants,  of  any  such  house  or  other  building  or 
vacant  lot  of  ground  fronting  on  any  street  or  avenue,  to 
repair  or  relay,  as  the  case  may  require,  the  sidewalk  and 
curb  and  gutter,  or  either,  in  front  of  the  same,  within  ten 
days  after  the  service  of  such  notice.  (Id.,  sec.  257,  with 
verbal  changes.) 

§  131.  In  default  of  such  owner  or  owners,  lessee  or 
lessees,  occupant  or  occupants,  repairing  or  relaying,  as  the 
case  may  require,  such  sidewalks  and  curb  and  gutter,  or 
either,  within  the  time  required  by  said  notice  and  comply- 
ing with  the  said  notice,  the  said  Borough  President  is 
hereby  authorized  and  required  to  lay  and  relay  the  flag- 
ging, and  set  and  reset  the  curb  and  gutter  or  either,  and 
otherwise  repair  such  sidewalks,  and  to  certify  the  expense 
of  conforming  to  the  provision  of  this  ordinance,  to  the 
Board  of  Assessors,  who  are  directed  to  make  a  just  and 
equitable  assessment  of  such  expense  among  the  owners  or 
occupants  of  all  the  houses  or  lots  intended  to  be  benefited 
thereby,  in  proportion  as  near  as  may  be  to  the  advantages 
which  they  may  be  deemed  to  acquire,  and  it  shall  be  lawful 
for  the  said  Borough  President  to  report  to  the  Corporation 
Counsel  the  neglect  or  refusal  to  comply  vnth  the  above 
said  notice,  who  shall  recover  $10  as  penalty  from  the 
owner  or  owners,  lessee  or  lessees,  occupant  or  accupants, 
of  such  houses  or  other  building  in  front  of  which  the 
expense  was  incurred,  in  any  court  having  jurisdiction 
thereof,  in  the  name  of  The  City  of  New  York.  (Id.,  sec. 
258,  with  verbal  changes.) 


28      CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

Article  IV. —  Paving,  Repaving  and  Repairing  Carriageways. 

§  132.  All  the  streets  in  The  City  of  New  York  of  22  feet 
in  width  and  upward  shall  be  laid  or  paved  in  the  middle, 
which  part  shall  remain  as  a  cart-way,  and  shall  have  a 
g-utter  or  kennel  on  each  side  next  adjoining"  the  footpath, 
and  shall  be  paved  with  sufficient  paving  stone,  and  arched 
in  such  a  manner  as  the  Borough  Presidents  shall  direct. 
(R.  O.  1897,  sec.  271,  with  verbal  changes.) 

§  133.  Whenever  the  carriageway  of  any  of  the  streets  in 
The  City  of  New  York,  or  part  of  the  same,  not  less  than 
the  space  or  distance  between  and  including  the  intersection 
of  two  streets,  shall  be  repaired  or  newly  paved,  and  the 
crosswalks  laid,  and  the  sidewalks  extended  to  the  width 
required  by  law,  at  the  expense  of  the  individual  owners  of 
the  lots  in  the  same,  and  the  work  approved  by  the  proper 
city  authorities,  such  streets  or  parts  of  streets  shall  for- 
ever thereafter  be  paved,  repaired  and  repaved  at  the 
expense  of  the  corporation,  but  this  section  shall  not  be 
construed  to  apply  to  sidewalks,  but  to  the  pavement  or 
carriageway  of  streets  only;  and  nothing  in  this  section 
contained  shall  be  construed  to  apply  to  any  wooden  pave- 
ment in  said  city.     (Id.,  sec.  272,  with  verbal  changes.) 

§  134.  Any  citizen  or  number  of  citizens  shall  be  allowed 
to  pave  the  street  opposite  to  his  or  their  property  where 
the  same  shall  extend  from  the  intersection  of  one  cross 
street  to  the  intersection  of  another;  provided  the  same  be 
done  in  conformity  to  the  regulations  of  the  President  of 
the  Borough  in  which  such  street  is  located.  (Id.,  sec.  273, 
with  verbal  changes.) 

§  135.  All  pavements  hereafter  to  be  laid  in  any  of  the 
streets  or  lanes  of  this  city  by  the  Commissioner  of  Water 
Supply,  Gas  and  Electricity,  or  contractors  for  the  con- 
struction of  sewers,  or  for  the  laying  of  any  water,  g-as  or 
other  pipes,  shall,  after  the  pavement  is  laid  or  driven 
down,  have  covered  over  them  1  inch  in  thickness  of  pure 
sand.     (Id.,  sec.  274,  with  verbal  changes.) 

§  136.  Any  and  all  persons  other  than  the  Commissioner 
of  Water  Supply,  Gas  and  Electricity  who  may  hereafter 
pave  or  cause  to  be  paved,  any  street,  lane  or  other  thor- 
oughfare, or  portion  thereof,  in  this  city,  shall  have  the 
sand,  dirt  and  rubbish  cleaned  off  said  street,  lane  or 
thoroughfare,  or  any  part  thereof,  vdthin  twelve  days  after 
any  such  pavement  shall  be  completed.  This  section  shall 
be  so  construed  as  to  apply  to  the  removal  of  all  sand,  dirt 
or  rubbish  collected  in  any  part  of  any  and  all  streets, 
lanes  and  thoroughfares  covered  by  any  pavement  so  done 
or  laid,  or  excavation  that  may  have  been  made,  or  other 
work  done  in  pursuance  thereof;  and  no  contract  for  paving, 
in  pursuance  of  this  section,  shall  be  accepted  as  completed 
unless  the  city  official  making  the  contract  shall  certify  that 
this  section  has  been  fully  complied  with.  (Id.,  sec.  275, 
with  verbal  changes.) 


COt)E  OF  ORDINANCES  OF  THE  CITY   OF   NEW  YORK.  29 

§  137.  Any  person  or  persons,  excepting"  tlie  Commis- 
sioner of  Water  Supply,  Gas  and  Electricity,  neglecting  or 
refusing  to  remove  the  dirt,  sand  or  rubbish  mentioned 
herein  within  the  time  specified  therein,  shall  forfeit  and 
pay  the  sum  of  $25  for  each  offense;  and,  in  addition  thereto, 
the  President  of  the  Borough  in  which  such  work  has  been 
done  shall  cause  the  same  to  be  removed  at  the  expense 
of  the  party  so  neglecting  or  refusing,  who  shall  be  liable 
to  repay  and  refund  the  same,  and  which  sum  shall  be 
collected  and  paid  into  the  city  treasury.  (Id.,  sec.  276, 
with  verbal  changes.) 

§  138.  It  shall  not  be  lawful  for  any  of  the  gas  companies 
of  this  city  to  break  up  any  of  the  pavements  of  this  city 
without  the  permission  of  the  President  of  the  Borough  in 
which  such  work  is  to  be  done;  and  such  consent  shall  not 
be  given  until  the  party  applying  therefor  shall  enter  into 
a  stipulation  satisfactory  to  the  said  Borough  President  to 
repair  and  replace  the  said  pavement  to  the  satisfaction  of 
the  said  Borough  President,  at  his  and  their  own  expense, 
by  a  day  to  be  named  in  such  permit;  and  if  any  person  or 
persons  shall  neglect  or  refuse  to  repair  and  replace  the 
same  in  accordance  with  such  stipulation  and  permit,  they 
shall  forfeit  and  pay  for  each  offense  the  sum  of  $50,  and, 
in  addition  thereto  shall  be  liable  to  pay  the  expense  of 
repairing  and  replacing  such  pavement,  which  shall  be  done 
by  and  under  the  direction  of  the  said  Borough  President. 
(Id.,  sec.  278,  with  verbal  changes.) 

§  139.  It  shall  be  lawful  for  the  persons  employed  to 
pave  or  repave  any  street  in  The  City  of  New  York,  to  place 
proper  obstructions  across  such  street  or  cartway  for  the 
purpose  of  preserving  the  pavement  then  newly  made  or  to 
be  made,  until  the  same  shall  be  fit  for  use,  leaving  at  all 
times  a  sufficient  passage  for  foot  passengers.    (Id.,  sec.  279.) 

§  140.  No  person  or  persons  shall,  without  the  consent  of 
the  Borough  President  having  jurisdiction  of  the  street  in 
which  such  obstruction  is  placed,  in  writing,  or  without 
the  consent  of  the  person  superintending  said  paving,  throw- 
down,  displace  or  remove  any  such  obstruction  mentioned 
in  the  last  preceding  section,  under  the  penalty  of  $15  for 
every  such  offense.     (Id.,  sec.  280,  with  verbal  changes.) 

§  141.  Nothing  contained  in  this  article  shall  be  con- 
strued to  authorize  any  person  or  persons  to  stop  up  or 
obstruct  more  than  the  space  of  one  block  and  one  inter- 
section, at  the  same  time,  in  any  one  street,  or  to  keep 
the  same  so  stopped  up  for  more  than  two  days  after  the 
cartway  is  finished.     (Id.,  sec.  281.) 

§  142.  Whenever  any  person  or  persons  shall  have  author- 
ity under  any  contract  with  the  corporation  or  any  officer 
thereof,  or  under  any  permit  authorizing  the  same,  to 
remove  the  pavement  from,  or  to  excavate,  or  to  occupy 
or  use  any  part  of  the  public  streets  and  avenues,  in  the 
city,  so  as  to  obstruct  the  travel  in  any  streets  or  avenues, 


30  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

and  to  prevent  the  same  from  being  used  for  the  time 
being-  for  the  purposes  of  travel,  such  person  or  persons 
shall  erect,  or  cause  to  be  erected,  in  conspicuous  positions, 
at  the  several  points  of  intersection  of  such  street  or  ave- 
nue so  obstructed,  with  the  cross  streets  nearest  to  such 
obstruction,  a  suitable  notice  of  such  obstructions,  which 
notice  shall  be  in  such  manner  and  form  as  the  Borough 
President  having  jurisdiction  of  such  street  may  at  any 
time  direct.     (Id.,  sec.  282,  with  verbal  changes.) 

§  143.  Every  person  who  shall  violate  the  preceding  sec- 
tion shall  be  subject  to  a  penalty  of  $10,  to  be  sued  for  and 
recovered  in  any  court  of  competent  jurisdiction.  (Id.,  sec. 
283.) 

§  144.  No  pavement  in  any  street  in  The  City  of  New 
York  which  has  been  accepted  by  the  corporation,  to  be 
kept  in  repair  at  the  public  expense,  shall  hereafter  be 
taken  up,  or  the  paving  stones  removed  theretrom,  for  any 
purpose  whatever,  without  the  authority  of  the  Borough 
President  having  charge  thereof,  under  the  penalty  of  $100 
for  every  offense.     (Id.,  sec.  284,  with  verbal  changes.) 

§  145.  Whenever  any  pavement  in  any  such  street,  or  any 
part  or  portion  thereof,  has  been  or  shall  be  taken  up,  or 
the  paving  stones  in  any  such  street  or  part  of  a  street 
have  been  or  shall  be  removed  therefrom,  or  from  the  place 
or  position  in  which  they  have  been  put  in  such  pavement, 
in  violation  of  the  preceding  sections,  it  shall  be  the  duty 
of  the  President  of  the  Borough  in  which  such  work  has 
been  done,  forthwith  to  restore  such  pavement  to  its 
former  condition  and  replace  the  same,  and  restore  the 
paving  stones  so  removed  as  aforesaid  to  their  place  in  the 
said  pavement,  so  as  to  restore  said  pavement,  as  nearly 
as  may  be  practicable,  to  the  condition  in  which  it  was 
before  such  taking  or  removal  as  aforesaid.  (Id.,  sec.  285, 
with  verbal  changes.) 

§  146.  Whenever  any  wood,  timber,  stone,  iron  or  any 
other  metal  has  been  or  shall  be  put  or  placed  in  or  upon 
any  such  pavement  so  as  to  hinder  or  obstruct  or  be  in  the 
way  of  the  restoration  of  said  pavement,  as  mentioned  in 
the  preceding  section,  it  shall  be  the  duty  of  the  Borough 
President  having  charge  of  the  street  or  pavement  forth- 
with to  cause  such  wood,  timber,  stone,  iron  or  other 
metal  to  be  taken  up  and  removed  from  said  street  or 
pavement,  so  that  they  shall  not  incumber  or  obstruct  said 
street  and  the  free  use  of  the  pavement  therein  and  all 
parts  thereof.     (Id.,  sec.  286,  with  verbal  changes.) 

§  147.  Whenever,  hereafter,  any  person  or  association  or 
body  of  persons,  or  any  incorporated  company,  shall 
attempt  to  take  up  any  such  pavement  mentioned  in  this 
article,  or  remove  the  paving  stones,  or  any  of  them,  there- 
from, it  shall  be  the  duty  of  the  Borough  President  having 
charge  thereof  forthwith  to  prevent  the  same,  and  gener- 
ally to  prevent  the  pavement  in  the  street  aforesaid,  and 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  31 

every  part  thereof,  from  being-  taken  up,  removed,  incum- 
bered or  obstructed.     (Id.,  sec.  287,  with  verbal  changes.) 

§  148.  It  is  hereby  made  the  duty  of  the  Borough  Presi- 
dents, each  in  their  respective  jurisdiction,  whenever  grant- 
ing a  permit  for  any  excavation,  opening  or  disturbance  of 
the  pavement  of  the  carriageway  of  any  street,  avenue  or 
public  place  in  The  City  of  New  York,  or  sidewalk  thereof, 
except  in  cases  where  such  opening,  excavation  or  disturb- 
ance shall  be  directlj'^  authorized  by  law,  to  require 
of  the  person  or  persons  by  whom  or  for  whose  benefit 
any  excavation  or  opening  is  to  be  made,  for  any  pur- 
pose whatever,  a  deposit  of  such  sum  as  shall  be  deemed 
sufficient  to  cover  and  pay  all  the  expenses  on  the  part 
of  the  department  granting  the  permit,  .  as  the  case 
may  be,  of  furnishing  such  material,  doing  such  work, 
and  taking  such  means  as  shall  be  required  to  properly 
restore  and  secure  against  sinkage  the  street  and  sidewalk, 
pavement,  curb  and  flagging  necessary  to  be  replaced  in 
consequence  of  making  such  excavation,  opening  or  disturb- 
ance; which  deposit  shall  be  a  full  discharge  of  all  liability 
and  claim  against  the  person  or  persons  making  such  deposit 
and  payment  for  the  work  herein  provided  for  and 
required  of  the  departments  aforesaid.  (Id.,  sec.  740,  wdth 
verbal  changes.) 

§  149.  The  said  Borough  Presidents  shall  deposit  weekly 
with  the  City  Chamberlain  all  moneys  received  under  the 
last  preceding  section,  an  account  of  which  moneys  shall  be 
kept  separate  and  distinct  from  all  other  funds  and  accountai 
whatsoever  by  the  said  Borough  Presidents,  and  the  City 
Chamberlain,  who  shall  receive  the  same  as  a  "  special 
fund "  in  respect  to  each  department  separately,  which  is 
hereby  created  and  established  subject  to  such  payments 
as  hereinafter  provided  for.  (Id.,  sec.  741,  with  verbal 
changes.) 

§  150.  Whenever  any  pavement,  sidewalk,  curb  or  gutter 
in  any  street,  avenue  or  public  place  shall  be  taken  up,  it 
shall  be  the  duty  of  the  Borough  President,  within  whose 
jurisdiction  said  street  or  avenue  is,  to  restore  such  pave- 
ment, sidewalk,  curb  or  gutter  to  its  proper  condition  as 
soon  thereafter  as  is  practicable,  requiring  the  person  or 
persons  by  whom  or  for  whose  benefit  the  same  is  removed 
to  deposit  the  material  composing  the  superstructure  with- 
out breaking  or  injuring  the  same,  and  in  a  manner  which 
will  occasion  the  least  inconvenience  to  the  public,  and  to 
fill  in  any  excavation  made,  and  to  leave  the  same  properly 
packed,  rammed  and  repaired  for  the  repaving  required. 
And  the  said  Borough  Presidents  are  hereby  authorized  to 
establish  such  rules  and  regulations  as  in  their  judgment 
shall  be  deemed  necessary  for  the  purpose  of  carrying  out 
the  provisions  of  this  ordinance.  (Id.,  sec.  742,  with  verbal 
chang-es.) 


32      CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

§  151.  Such  sums  as  shall  be  certified  by  the  said  Borough 
Presidents  to  have  been  necessarily  expended  by  him  or 
them  for  any  repaying  done  pursuant  to  this  ordinance, 
shall  he  paid  from  the  special  fund  hereby  created  upon  the 
requisition  of  the  said  Borough  Presidents,  as  the  case 
may  be,  after  examination,  audit  and  allowance  of  accounts 
by  the  Finance  Department,  in  the  same  manner  that  pay- 
ments are  or  shall  be  required  by  law  to  be  made  from  the 
city  treasury,  provided  that  the  amount  so  certified  and 
paid  shall  not  exceed  the  aggregate  amount  of  such  special 
fund.     (Id.,  sec.  743,  with  verbal  changes.) 

Article  V. —  Sewers  and  Drains. 

§  152.  All  sewers  and  drains  in  any  of  the  streets,  ave- 
nues or  public  places  in  the  city  shall  be  under  the  charge 
of  the  President  of  the  Borough  in  which  the  same  are 
situated,  and  said  Borough  Presidents  in  their  respective 
territories  shall  keep  the  same  in  good  order  and  coridition, 
and  clean  and  free  from  obstructions,  and  shall  cause  such 
repairs  to  be  made  to  them  and  to  the  receiving  basins, 
culverts  and  openings  connected  therewith,  as  may  from 
time  to  time  become  necessary.  Such  sewer  culverts  shall 
be  cleaned  at  night  and  not  in  the  daytime.  (R.  O.  1897, 
sec.  301,  with  verbal  changes.) 

§  153.  The  said  Borough  Presidents  shall  prescribe  the 
mode  of  piercing  or  opening  any  of  the  sewers  or  drains  in 
their  respective  territories,  and  the  form,  size  and  material 
of  which  connections  therewith  shall  be  composed,  and  shall 
have  authority  to  grant  permission  to  make  lateral  con- 
nections with  said  sewers.  (Id.,  sec.  302,  with  verbal 
changes.) 

§  154.  The  said  Borough  Presidents  may  grant  permis- 
sion to  persons  to  construct  at  their  own  expense  sewers 
or  drains,  or  to  lay  pipes  to  connect  with  any  sewers  or 
drains  built  in  any  of  the  streets  or  avenues  in  the  city 
under  their  respective  supervision,  on  being  furnished  with 
the  written  consent  of  the  owners  of  a  majority  of  the 
property  upon  the  street  through  which  such  sewer,  drain 
or  pipe  is  to  pass;  but  such  permission  shall  not  be  granted 
except  upon  the  agreement,  in  writing,  of  the  persons 
appljdng  therefor,  that  they  shall  comply  with  the  ordi- 
nances in  relation  to  excavating  the  streets,  that  they  will 
indemnify  the  corporation  for  any  damages  or  costs  to 
which  they  may  be  put  by  reason  of  injuries  resulting  from 
neglect  or  carelessness  in  performing  the  work  so  per- 
mitted; and  that  no  claim  will  be  made  by  them  or  their 
successors  in  interest  against  the  corporation,  if  the  work 
so  permitted  be  taken  up  by  the  authority  of  the  Board  of 
Aldermen,  or  for  exemption  from  an  assessment  lawfully 
imposed  for  constructing  sewers  or  drains  in  the  vicinity 
of  their  property;  and  upon  the  further  condition  that  the 
Board  of  Aldermen  may  at  any  time  revoke  an^  annul  such 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.     33 

permission,  and  direct  such  sewers,  drains  or  pipes  to  be 
taken  up  or  removed.     (Id.,  sec.  303,  with  verbal  changes.) 

§  155.  Each  of  the  said  Borough  Presidents  shall  keep  a 
record  of  all  permits  granted  for  connection  with  sewers 
or  drains,  in  which  he  shall  enter  the  names  of  all  persons 
from  whom  he  may  receive  money  for  such  permits,  with 
the  amount  received  from  each  person  and  the  time  when 
it  was  received.  He  shall  render  an  account  thereof,  under 
oath,  item  by  item,  to  the  Comptroller,  on  Thursday  of  each 
week  and  shall  thereupon  pay  over  the  amount  so  received 
to  the  Chamberlain.  He  shall  also  thereupon  receive  from 
the  Chamberlain  a  voucher  for  the  payment  thereof,  which 
he  shall  forthwith  on  the  same  day  exhibit  to  the  Comp- 
troller, and  shall  at  the  same  time  leave  with  him  a  copy 
thereof.     (Id.,  sec.  304,  with  verbal  changes.) 

§  156.  No  connection  shall  be  made  with  any  sewer  or 
drain  without  the  written  permission  of  the  Borough  Presi- 
dent having  jurisdiction  as  aferesaid;  and  any  connection  or 
opening  made  into  any  sewer  or  drain  without  such  per- 
mission, or  in  a  manner  different  from  the  mode  prescribed 
for  such  opening  by  said  Borough  President,  shall  subject 
the  person  making  the  same  and  the  owner  of  the  premises 
directing  it,  respectively,  to  a  penalty  of  $50.  (Id.,  sec.  305, 
with  verbal  changes.) 

§  157.  All  openings  into  any  sewers  or  drains,  for  the 
purpose  of  making  connection  therewith,  from  any  house, 
cellar,  vault,  yard  or  other  premises,  shall  be  made  by 
persons  to  be  licensed  by  the  several  Borough  Presidents, 
in  writing,  to  perform  such  work;  and  the  said  persons, 
before  being  so  licensed,  shall  execute  a  bond  to  the  city 
in  the  sum  of  $1,000,  with  one  or  more  sureties  to  be 
approved  by  the  Borough  President  issuing  such  license, 
conditioned  that  they  will  carefully  make  the  openings  into 
any  sewers  or  drains  in  the  manner  prescribed  by  the 
Borough  President  having  jurisdiction  to  permit  such  open- 
ings to  be  made,  without  injuring  them,  leave  no  obstruc- 
tions of  any  description  whatever  in  them,  and  properly 
close  up  the  sewer  or  drain  around  the  connection  made  by 
them  and  make  no  opening  into  the  arch  of  any  sewer  or 
drain;  that  they  will  faithfully  comply  with  the  ordinances 
relating  to  opening  and  excavating  streets;  be  responsible 
for  any  damages  or  injuries  that  may  accrue  to  persons, 
animals  or  property,  by  reason  of  any  opening  in  any  street, 
lane  or  avenue  made  by  him  or  those  in  his  employment; 
and  that  they  vdll  properly  refill  and  ram  the  earth,  and 
suitably  restore  the  pavement  taken  up  for  excavating,  and 
repaye  the  same,  should  it  settle  or  become  out  of  order 
within  six  months  thereafter;  and  in  case  any  person  so 
licensed  shall  neglect  to  repair  the  pavement  aforesaid  within 
twenty-four  hours  after  being  notified,  the  Borough  Presi- 
dent in  whose  territory  the  same  is  JoQat^d  may  cause  thQ 

3 


34  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YOBK. 

same  to  be  done  and  charge  the  expense  thereof  to  the 
person  so  neglecting.     (Id.,   sec.  306,  with  verbal  changes.) 

§  158.  Ten  dollars  shall  be  paid  to  the  Borough  President 
granting  the  permit  for  permission  to  connect  each  house, 
store  or  building  with  any  sewer  or  drain.  Each  hotel, 
boarding  house  or  public'  building  covering  more  ground 
than  25  feet  by  50  feet  shall  pay  proportionally  for  such 
additional  space  of  ground  covered  by  each  respectivel3^ 
Manufactories,  breweries,  distilleries  and  the  like,  for  per- 
mission to  connect  with  sewers  or  drains,  for  the  purpose 
of  carrying  off  water  or  fluids  that  will  not  deposit  sediment 
or  obstruction,  shall  pay  such  sums  as  shall  be  fixed  and 
determined  by  said  Borough  President.  And  any  manu- 
facturer, brewer,  distiller,  or  the  like,  permitting  any  sub- 
stance to  flow  into  any  sewer,  drain  or  receiving  basin, 
which  shall  form  a  deposit  that  tends  to  fill  said  sewer, 
drain  or  basin,  shall  be  subject  to  a  penalty  of  $50  for  each 
offense.     (Id.,  sec.  307,  with  verbal  changes.) 

§  159.  AH  connections  with  sewers  or  drains,  used  for 
the  purpose  of  carrying  off  animal  refuse  from  water  closets, 
or  otherwise,  and  slops  of  kitchens,  shall  have  fixtures  for  a 
sufficiency  of  Croton  water,  to  be  so  applied  as  to  properly 
carry  off  such  matters,  under  the  penalty  of  $5  for  each 
day  the  same  are  permitted  to  remain  wdthout  such  fixtures 
for  supplying  said  water.     (Id.,  sec.  308.) 

§  160.  No  butcher's  offal  or  garbage,  dead  animals  or 
obstructions  of  any  kind  whatsoever,  shall  be  placed,  thrown 
or  deposited  in  any  receiving  basin  or  sewer;  and  any 
person  so  offending  or  causing  any  such  obstruction  or 
substance  to  be  placed  so  as  to  be  carried  into  such  basin  or 
sewer  shall  be  subject  to  a  penalty  of  $10  for  each  offense; 
and  any  person  injuring,  breaking  or  removing  any  portion 
of  any  receiving  basin,  covering,  flag,  manhole,  vent,  or  any 
part  of  any  sewer  or  drain,  or  obstructing  the  mouth  of  any 
sewer  or  drain,  shall  be  subject  to  a  penalty  of  $20  for  each 
offense;  nor  shall  any  quantity  of  marble  or  other  stone. 
Iron,  lead,  timber  or  any  other  substance  exceeding  one  ton 
in  weight  be  placed  or  deposited  upon  any  wharf  or  bulk- 
head through  which  any  sewer  or  drain  may  run;  nor  upon 
or  over  any  sewer  or  drain  where  the  same  shall  be  veithin 
3  feet  of  the  surface  of  the  street,  under  the  penalty  of  $50 
for  each  offense,  to  be  recovered  of  the  person  or  persons 
causing  or  permitting  the  same.     (Id.,  sec.  309.) 

§  161.  It  shall  be  the  duty  of  the  policemen  to  be  vigilant 
in  the  enforcement  of  the  provisions  of  this  chapter,  and 
report  any  violations  thereof  to  the  Corporation  Counsel. 
The  captains  of  the  several  police  precincts  shall,  on  observ- 
ing or  being  informed  of  the  opening  of  or  excavating  in  any 
street  or  avenue,  require  the  person  making  such  opening  or 
excavation  to  exhibit  to  him  the  authority  or  permission  for 
such  opening;  and  if  none  have  been  given  by  the  proper 
officer,  or  if  the  exhibition  thereof  be  refused,  said  captain 


CODE  OF  ORDINANCES  OP  THE  CITY  OP  NEW  YORK.  35 

of  police  shall,  without  delay,  make  complaint  to  the  Cor- 
poration Counsel  and  report  the  same  to  the  President  of 
the  Borough  in  which  such  violation  occurs.  (Id.,  sec.  310, 
with  verbal  chang-es.) 

§  162.  It  shall  be  the  duty  of  every  person  having"  charge 
of  the  sweeping  and  cleaning  of  the  streets  in  the  several 
wards  to  see  that  the  gutters  are  properly  scraped  out 
before  the  water  is  suffered  to  flow  from  any  hydrant  for 
the  purpose  of  washing  the  same,  in  order  that  no  substance 
or  obstruction  be  carried  into  any  of  the  receiving  basins; 
every  person  violating  this  section  to  be  subject  to  a  penalty 
of  $5  for  each  offense.     (Id.,  sec.  311.) 

§  163.  Whenever  any  sewer,  culvert,  water  mains  or  pipes 
are  to  be  constructed,  altered  or  repaired  in  any  street  in 
The  City  of  New  York  in  which  the  g^s  pipes  of  gaslight 
companies  are  laid,  or  whenever  any  such  street  shall  be 
regulated  or  graded,  it  shall  be  the  duty  of  the  contractor 
or  contractors  thereof  to  give  notice,  in  writing,  of  the 
same  to  the  said  companies,  or  to  the  one  whose  pipes  are 
laid  in  the  street  about  being  disturbed  by  the  construction, 
alteration  or  repairing  of  such  sewer,  culvert,  water  maina 
or  pipes,  or  by  the  regulating  or*  grading  thereof,  at  least 
twenty-four  hours  before  breaking  ground  therefor.  (Id., 
sec.  312.) 

§  164.  It  shall  be  the  duty  of  the  said  gas  companies,  or 
the  one  whose  pipes  are  about  to  be  disturbed  by  the  con- 
struction, alteration  or  repairing  of  any  sewer,  culvert,  water 
main  or  pipe,  or  the  regulating  or  grading  of  any  street, 
on  the  receipt  of  the  notice  provided  for  in  the  preceding 
section,  to  remove  or  otherwise  protect  and  replace  the  main 
ajid  service  pipes,  lamp-posts  and  lamps,  where  necessary, 
under  the  direction  of  the  Borough  President.  The  com- 
pany notified  in  accordance  with  the  preceding  section  shall 
comply  with  such  notice  by  causing  the  pipes,  lamp-posts  and 
lamps  to  be  protected  and  replaced,  where  necessary,  during 
the  progress  of  the  work.    (Id.,  sec.  313,  with  verbal  changes.) 

§  165.  The  preceding  provisions  shall  be  made  part  of 
every  contract  hereafter  made  for  constructing,  altering  or 
repairing  any  sewer  or  culvert,  water  mains  or  pipes  in  any 
street  of  this  city  in  which  the  pipes  of  gaslight  companies 
shall  be  laid  at  the  time  of  maldng  such  contract,  or  for  the 
regulating  or  grading  of  any  such  street.     (Id.,  sec.  314.) 

§  166.  It  shall  be  the  duty  of  the  person  or  persons  by 
whom  or  for  whose  benefit  any  excavation  is  to  be  made  for 
constructing,  altering  or  repairing  a  vault,  waste  pipe  or 
drain  in  any  street  of  this  city,  to  give  notice,  in  writing, 
thereof  to  the  company  whose  pipes  are  laid  in  the  street 
about  to  be  disturbed  by  the  construction,  alteration  or 
repairing  of  such  vault,  waste  pipe  or  drain,  at  least  twenty- 
four  hours  before  commencing  the  same;  and  such  person 
or  persons  shall,  at  his  or  their  expense,  sustain,  secure  and 
protect  said  pipes  from  injury,   and  replace  and  pack  the 


36  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

earth  wherever  the  same  shall  have  been  removed,  loosened 
or  disturbed,  under  or  around  them,  so  that  such  pipes  shall 
be  well  and  substantially  supported;  and  if  such  person  or 
persons  shall  fail  to  sustain,  secure  and  protect  said  pipes 
from  injurj^  or  to  replace  and  pack  the  earth  under  or 
around  them,  as  by  the  provisions  of  this  section  required, 
then  the  same  may  be  done  by  the  company  to  whom  the 
same  may  belong-,  and  the  cost  thereof,  and  all  damag-es  sus- 
tained by  either  of  said  companies  thereby,  shall  be  paid  by 
said  person  or  persons  to  said  company;  and  the  said  com- 
pany may,  in  default  thereof,  maintain  an  action  against 
him  or  them  therefor.     (Id.,  sec.  315.) 

§  167.  The  provisions  of  the  last  preceding*  section  shall 
be  made  part  and  a  condition  of  every  permit  that  shall 
hereafter  be  g-ranted  to  any  person  or  persons  for  making 
any  excavation  for  the  construction,  alteration  or  repairing 
any  vault,  waste  pipe  or  drain  in  any  street  in  which  the 
pipes  of  either  of  the  said  companies  shall  be  laid  at  the  time 
of  granting  said  permits;  provided  said  company  or  either  of 
them  provide  such  permits  or  pay  a  just  proportion  therefor. 
(Id.,  sec.  316.) 

§  168.  No  connection  with  or  opening  into  any  sewer  or 
drain  shall  be  used  for  the  conveyance  or  discharge  into 
said  sewer  or  drain  of  steam  or  hot  water  above  one  hundred 
degrees  Fahrenheit  from  any  boiler  or  engine,  or  from  any 
manufactory  or  building  in  which  steam  is  either  used  or 
generated,  or  to  discharge  or  permit  to  escape  into  any 
sewer  or  drain,  or  into  any  public  street,  steam  from  any 
stop  cock,  valve  or  other  opening  in  any  steam  pipe  or  main, 
under  the  penalty  of  $50  for  each  and  every  day  during  any 
part  of  which  such  connection  or  opening  may  have  been 
used  for  that  purpose;  and  the  Borough  President  having 
jurisdiction  of  said  street  or  sewer  is  hereby  authorized  and 
directed,  upon  the  expiration  of  five  days  after  notice  to  dis- 
continue the  discharge  of  steam  or  hot  water  from  any 
connection  to  cancel  the  permit,  and  to  close  up  and  remove 
the  same  if  such  discharge  of  steam  or  hot  water  from  such 
connection  shall  not  have  been  discontinued.  This  penalty 
shall  be  imposed  upon  and  recovered  from  the  owner  and 
occupants  severally  and  respectively  of  such  manufactory  or 
building,  or  from  any  corporation  having  mains  for  the 
conveyance  of  steam  or  hot  water  in  the  streets,  avenues  or 
public  places.     (Id.,  sec.  317,  with  verbal  changes.) 

Article  YI. —  Vaults,  Cisterns  and  Areas. 

§  169.  The  presidents  of  the  respective  boroughs,  on  appli- 
cation for  that  purpose,  are  empowered  to  gfive  permission 
to  construct  any  vaults  or  cisterns  in  the  streets  within  their 
respective  territories,  provided,  in  the  opinion  of  the  Borough 
President  granting  such  permit,  no  injury  will  come  to  the 
public  thereby.     (K.  O.  1897,  sec.  318,  vdth  verbal  changes.) 

Where  a  vault  or  cellar  has  existed  for  thirty  years  there  is  a 
presumption  that  it  is  with  the  consent  of  the  municipal  authori- 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  37 

ties.  People  ex  rel.  Zeigler  vs.  Collis,  17  App.  Div.  448;  and  this  is 
true  of  a  vault  existing  for  nine  years  to  the  extent  that  it  is  not 
considered  a  nuisance  per  se,  Babbage  vs.  Powers,  130  N.  Y.  281. 
This  is  merely  a  presumption,  however.  Deshong  vs.  City  of  New 
York,  176  N.  Y.  475.  A  permit  may  be  revoked  by  the  city.  Lincoln 
Safe  Dep.  Co.  vs.  City  N.  Y.,  96  App.  Div.  318. 

§  170.  No  person  shall  cause  or  procure  any  vault  or 
cistern  to  be  constructed  or  made  in  any  of  the  streets  of 
The  City  of  New  York,  without  the  written  permission  of  the 
Borough  President  having-  jurisdiction  thereof,  under  the 
penalty  of  $100,  to  be  sued  for  and  recovered  from  such 
person  and  the  master  builder  or  person  who  made  the 
same,  severally  and  respectively.  (Id.,  sec.  319,  with  verbal 
changes.) 

The  City  of  New  York  has  the  power  to  regulate  and  authorize 
vaults,  cellars,  steps,  etc.,  for  the  greater  convenience  of  its  citi- 
zens. See  Jorgensen  vs.  Squires,  144  N.  Y.  281;  McMillan  vs.  Klaw 
&  Erlanger,  107  App.  Div.  407.  And  where  a  vault  has  existed  since 
1876  without  a  permit,  held,  where  it  was  being  rebuilt,  the  city 
could  compel  being  paid  for  space  used  since  no  permit  could  be 
proved,  and  no  right  of  prescription  exists  as  against  the  public. 
Deshong  vs.  City  of  New  York,  74  App.  Div.  234;  afHrmed,  176  N.  Y. 
475.  Where,  by  special  statute,  an  area  space  in  a  tenement  was 
covered  over,  held  not  to  be  a  vault  within  meaning  of  ordinance. 
Buck  vs.  Collis,  17  App.  Div.  465.  The  charter  amendments  make 
this  inapplicable  now.  City  of  New  York  vs.  Madison  Ave.  Real 
Est.  Co.,  42  Misc.  Rep.  5o5.  But  a  vault  erected  without  permission 
in  a  dangerous  condition  must  be  allowed  to  be  repaired  without 
first  taking  out  a  permit.  People  vs.  Collis,  17  App.  Div.  448.  These 
vault  permits  have  been  issued  since  May,  1857.  Deshong  vs.  City, 
supra.  As  to  what  constitutes  a  "  vault,"  see  City  of  New  York  vs. 
Buek,  43  Misc.  663.  Where  a  permit  was  paid  under  threat  of 
arrest,  held  payment  was  voluntary,  and  could  not  be  recovered 
from  the  city.    Wolff  vs.  City  of  New  York,  92  App.  Div.  449. 

§  171.  Every  application  for  permission  to  erect  such 
vault  or  cistern  shall  be  in  writing,  signed  by  the  person 
making  the  same,  and  shall  state  the  number  of  square  feet 
of  ground  which  is  required  for  the  same,  and  the  intended 
length  and  width  of  the  same.     (Id.,  sec.  320.) 

§  172.  After  obtaining  permission  to  construct  or  make 
such  vault  or  cistern,  and  previous  to  the  commencement 
thereof,  the  person  so  applying  shall  forthwith  pay  to  the 
Borough  President  granting  the  permit  therefor  such  sum 
as  he  shall  certify  in  the  said  permission  to  be  a  just  com- 
pensation to  the  city  for  such  privilege,  calculated  at  the 
rate  of  not  less  than  30  cents,  nor  more  than  $2  per  foot, 
for  each  square  foot  of  ground  mentioned  as  required  for 
such  vault  or  cistern,  under  the  penalty  of  $100.  (Id.,  sec. 
321,  with  verbal  changes.) 

§  173.  No  person  shall  erect  or  build,  or  cause  or  permit 
any  vault  or  cistern  to  be  made  which  shall  extend  further 
than  the  line  of  the  sidewalk  or  curbstone  of  any  street 
under  the  penalty  of  $100.     (Id.,  sec.  322.) 

§  174.  It  shall  be  the  duty  of  every  person  for  whom  any 
vault  or  cistern  may  be  in  process  of  construction  to  procure 
the  same  to  be  measured  by  one  of  the  City  Surveyors,  and 
to  deliver  to  the  Borough  President  granting  the  permit 
therefor  a  certificate  of  the  said  measurement,  signed  by 


38  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

such  surveyor,  before  the  arching  of  such  vault  or  cistern 
shall  be  commenced,  under  the  penalty  of  $100.  (Id.,  sec. 
323,  with  verbal  changes.) 

§  175.  If  it  shall  appear  by  such  certificate  or  otherwise 
that  such  vault  or  cistern  occupies  a  greater  number  of 
square  feet  than  shall  have  been  paid  for  as  aforesaid,  the 
owner  of  such  vault  or  cistern,  and  the  master  builder  by 
whom  or  under  whose  direction  such  vault  or  cistern  shall 
be  constructed,  shall  in  addition  to  the  penalty  imposed  by 
this  article,  severally  and  respectively  forfeit  and  pay  twice 
the  sum  previously  paid  for  each  square  foot  of  ground 
occupied  by  such  vault  or  cistern  over  and  above  the  number 
of  square  feet  paid  as  aforesaid.     (Id.,  see.  324.) 

§  176.  All  vaults  or  cisterns  shall  be  constructed  of  brick 
or  stone,  and  the  outward  side  of  the  grating  or  opening 
into  the  street  shall  be  either  within  12  inches  of  the  outside 
of  the  curbstone  of  the  sidewalk  or  within  12  inches  of  the 
coping  of  the  area  in  front  of  the  house  to  which  such  vault 
shall  belong,  under  the  penalty  of  $100,  to  be  paid  by  the 
owner  or  person  making  or  causing  the  same  to  be  made. 
(Id.,  sec.  325.) 

§  177.  All  grates  of  vaults  shall  be  made  of  iron,  the  bars 
whereof  shall  be  three-fourths  of  an  inch  wide  and  one-half 
of  an  inch  thick,  and  not  more  than  three-quarters  of  an 
inch  apart,  under  the  penalty  of  $25,  to  be  paid  by  the 
owner  of  the  vault  or  occupant  of  the  house  to  which  the 
same  shall  belong,  severally  and  respectively.     (Id.,  sec.  326.) 

§  178.  Every  owner  or  occupant  of  any  house  or  lot  of 
ground  within  the  paved  parts  of  The  City  of  New  York, 
before  which  any  vault,  pit,  hole,  cistern  or  well  shall  be 
made,  and  every  person  making  or  having  charge  of  such 
vault,  pit,  hole,  cistern  or  well,  shall,  during  the  whole  of 
every  night  while  such  vault,  pit,  hole,  cistern  or  well  shall 
be  opened  or  uncovered,  cause  a  lighted  lamp  or  lantern  to 
be  placed  and  kept  at  some  convenient  spot,  so  as  to  cast  its 
light  upon  such  vault,  pit,  hole,  cistern  or  well,  under  pen- 
alty of  $10.     (Id.,  sec.  327.) 

§  179.  All  vaults  and  cisterns  shall  be  completed  and  the 
ground  closed  over  them  within  three  weeks  after  they  are 
commenced,  under  the  penalty  of  $5  for  every  day  there- 
after during  which  the  same  shall  remain  uninclosed,  to  be 
recovered  from  the  owner  or  builder  of  the  same,  severally 
and  respectively.     (Id.,  sec.  328.) 

§  180.  No  area  in  the  front  of  any  building  in  The  City  of 
New  York  shall  extend  more  than  one-fifteenth  part  of  the 
width  of  any  street,  nor  in  any  case  more  than  5  feet,  meas- 
uring from  the  inner  wall  of  such  area  to  the  building;  nor 
shall  the  railing  of  such  area  be  placed  more  than  6  inches 
from  the  inside  of  the  coping  on  the  wall  of  such  area,  under 
the  penalty  of  $100,  to  be  recovered  from  the  owner  and 
builder  thereof,  severally  and  respectively.     (Id.,  sec.  329.) 

The  penalty  was  cut  down  from  250  to  100  dollars  in  1896.  This 
section  has  been  in  force  since  at  least  1821.    (See  Laws  of  City  of 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  39 

N.  Y.  1821,  p.  29.)  As  originally  used  the  ordinance  expressly  said 
"  no  areas  below  the  surface  of  any  street,"  and  since  then  the 
area  sections  have  always  been  included  in  the  article  on  vaults. 

This  is  important  to  bear  in  mind,  as  the  style  of  construction 
has  changed  so  much  since  the  word  was  first  used.  The  tendency 
of  the  public  has  been  to  assume  there  was  an  "  area  line  "  up  to 
which  point  much  latitude  in  building  was  shown.  Areas  must  not 
be  confused  with  court-yards,  however,  which  are  not  and  never 
were  permitted  except  under  special  circumstances.  In  the  earlier 
days  it  was  customary  to  grant  to  certain  streets  and  avenues,  by 
special  ordinance,  the  right  to  enclose  a  court-yard  in  front  of  the 
abutting  houses  with  light  iron  railings.  But  such  court-yards 
were  held  to  be  illegal  and  the  ordinances  void  in  Lawrence  vs. 
Mayor,  etc.,  of  N.  Y.,  2  Barb.  577  (1848).  It  was  under  these  circum- 
stances, that  the  court-yards  were  constructed  in  Fifth  avenue, 
42d  street,  34th  street,  23d  street,  etc.  For  example,  as  to  Fifth 
avenue,  between  23d  street  and  42d  street,  see  ordinance  passed 
September  30,  1844,  and  earlier  ones.  The  permission,  however,  was 
revocable.  The  change  of  those  streets  from  residential  to  busi- 
ness, as  well  as  the  growth  of  the  city,  have  made  the  local  condi- 
tions entirely  different.  That  a  reasonable  encroachment  on  a 
public  street  is  lawful  for  use  as  an  area,  was  sustained  in  City  of 
Chicago  vs.  Bobbins,  67  U.  S.  418.  Where  The  City  of  New  York 
sought  a  preliminary  mandatory  injunction  to  compel  the  removal 
of  steps  extending  fifteen  feet  on  Fifth  avenue  and  of  an  area 
extendmg  fourteen  feet  on  34th  street,  denied.  City  of  New  York 
vs.  Knickerbocker  Trust  Co.,  41  Misc.  17.  But  that  a  good  cause  of 
action  was  alleged  in  the  complaint  sustained  in  same  case. 
Scott,  J.,  N.  Y.  Law  Journal,  Dec.  29,  1903;  aff.  in  104  App.  Dlv.  223. 
And  where  an  owner  sought  to  restrain  the  municipal  authorities 
from  removing  a  porte-cochere  extending  out  fifteen  feet  to  the 
so-called  area  line  on  Fifth  avenue,  application  denied.  George  W. 
Vanderbilt  vs.  City  of  New  York,  Blanchard,  J.,  N.  Y.  Law  Journal, 
June  25,  1903.  Also,  see  City  N.  Y.  vs.  Knickerbocker  Trust  Co., 
O' Gorman,  J.,  N.  Y.  Law  Journal,  June  1,  1906. 

For  Broaxlway,  see  notes,  section  181. 

An  area  built  as  prescribed  by  the  ordinances  is  legal  and  must 
be  maintained  by  the  owner  in  the  manner  prescribed  as  long  as  it 
lasts.    Devine  vs.  Nat.  Wall  Paper  Co.,  95  App.  Div.  194. 

§  181.  No  areas,  steps,  courtyards  or  other  projections, 
except  show  windows,  not  exceeding  18  inches  in  width,  and 
signs  not  projecting  more  than  12  inches  from  the  house 
line,  shall  hereafter  be  built,  erected  or  made  upon  Broad- 
way, to  the  south  of  Fifty-ninth  street,  in  the  Borough  of 
Manhattan,  and  that  all  buildings  hereafter  erected  shall 
conform  to  and  be  upon  the  street  line  of  such  street.  (R.  O. 
1897,  sec.  330,  with  verbal  change.) 

This  ordinance  continues  the  ordinance  approved  April  25,  1882.  It 
withdraws  all  stoop-line  privileges  on  Broadway  below  Fifty-ninth 
street.  It  was  made  necessary  by  the  rapidly  growing  population 
of  the  metropolis  and  the  enormous  crowds  who  use  the  Broadway 
sidewalks.  The  ordinance  has  been  upheld  in  a  number  of  suits  to 
recover  penalties  in  the  Municipal  Courts.  Where  the  photographer 
Marceau  claimed  that  a  marquise,  or  awning  of  glass  and  steel,  on 
his  Broadway  place  was  not  a  "  projection  "  within  the  terms  of 
the  ordinance,  held  the  ordinance  meant  to  forbid  all  projections  of 
whatever  kind.  City  of  New  York  vs.  Otto  Sarony  Co.,  86  N.  Y. 
Supp.  27. 

§  182.  Any  person  or  persons  who  shall  hereafter  make, 
build  or  erect  any  area,  steps,  stoop,  court-yard  or  other 
projections,  in  contravention  of  this  ordinance,  shall  be 
guilty  of  a  misdemeanor,  and  shall  in  addition  thereto,  be 
liable  for  a  penalty  of  $10  for  such  offense  and  for  $10  for 
each  and  every  day  that  such  offense  shall  continue,  (Id., 
sec.  331.) 


40  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

§  183.  That  no  areas,  steps,  court-yards  or  other  projec- 
tions, except  show  windows  not  exceeding  eighteen  inches 
in  width,  and  signs  not  projecting  more  than  twelve  inches 
from  the  house  line,  shall  hereafter  be  built,  erected  or 
m^ade  upon  Fourteenth  street,  between  Broadway  and  Sixth 
avenue  in  the  Borough  of  Manhattan.  (Id.,  sec.  332,  with 
verbal  change.) 

This  is  similar  in  its  general  purpose  to  the  two  preceding  sec- 
tions. See  ordinance  afflrmed  in  City  of  New  York  vs.  Childs 
Unique  Dairy  Company,  opinion  of  Judge  Moore,  3rd  Mun.  Ct., 
N.  Y.  Law  Journal,  Oct.  18,  1902;  affi'd  by  App.  Term  of  the  Supreme 
Ct.,  N.  Y.  Law  Journal,  Jan.  3,  1903.  A  discrimination  made  in  the 
rate  of  speed  of  a  railroad  when  running  over  certain  specific  city 
streets  sustained.  City  of  Buffalo  vs.  N.  Y.,  L.  E.  &  W.  R.  R., 
152  N.  Y.  276. 

§  184.  That  any  person  or  persons  who  shall  hereafter 
make,  build  or  erect  any  area,  stoop,  court-yard  or  other 
projection,  in  contravention  of  this  ordinance,  shall  be 
guilty  of  a  misdemeanor,  and  shall,  in  addition  thereto,  be 
liable  for  a  penalty  of  ten  dollars  for  such  offense,  and  for 
ten  dollars  for  each  and  every  day  that  such  offense  shall 
continue.     (Id.,  sec.  832a.) 

§  185.  Every  area  shall  be  inclosed  with  a  railing,  the 
gates  of  which  shall  be  so  constructed  as  to  open  inwardly, 
under  the  penalty  of  $100  for  each  offense,  to  be  recovered 
from  the  owner  or  builder  thereof,  severally  and  respect- 
ively.    (Id.,  sec.  333.) 

See  Tubesink  vs.  City  of  Buffalo,  51  App.  Div.  14. 

§  186.  Every  description  of  opening  below  the  surface  of 
the  street  in  front  of  any  shop,  store,  house  or  other  build- 
ing, if  covered  over,  shall  be  considered  and  held  to  be  a 
vault  or  cistern  within  the  meaning  of  this  article;  and  the 
master  builder  (Sr  owner,  or  person  for  whom  the  same  shall 
be  made  or  built,  shall  be  liable  to  the  provisions,  payments 
and  penalties  of  this  article  severally  and  respectively.  (Id., 
sec.  334.) 

See  notes  to  section  170. 

§  187.  The  last  preceding  section  of  this  chapter  shall 
not  be  construed  to  refer  to  those  openings  which  are  used 
exclusively  as  places  for  descending  to  the  cellar  floor  of 
any  building  or  buildings  by  means  of  steps,     (Id.,  sec.  335.) 

§  188.  No  person  shall  remove,  or  cause  or  procure,  or 
suffer  or  permit  to  be  removed  or  insecurely  fixed,  so  that 
the  same  can  be  moved  in  its  bed,  any  grate  or  covering  to 
the  opening  or  aperture  of  any  vault  in  The  City  of  New 
York,  under  the  penalty  of  $10.     (Id.,  sec.  336.) 

See  Jennings  vs.  Van  Schaick,  108  N.  Y.  530. 

§  189.  The  last  preceding  section  of  this  article  shall  not 
be  construed  to  prevent  the  removal  of  such  grate  or  cover- 
ing, providing  the  aperture  to  such  vault,  during  the  removal 
of  such  grate  or  covering,  shall  be  inclosed  with  a  strong 
bo:^  or  curb  at  least  twelve  inches  hi^h.     (Id.,  sec,  337.) 


CODE  OF  OEDINA^XES  OF  THE  CITY  OF  NEW  YORK.  41 

§  190.  No  person  shall  suffer  or  permit  any  grate  or  cov- 
ering" to  any  vault  to  be  removed  therefrom,  or  insecurely 
fixed  thereon,  so  that  the  same  can  be  moved  in  its  bed, 
within  one  hour  before  sunset  on  any  day,  under  the  penalty 
of  $20,  to  be  sued  for  and  recovered  from  the  owner  and 
occupant  of  the  house  to  v^hich  such  vault  shall  belong, 
severally  and  respectively.     (Id.,  sec.  338.) 

§  191.  The  Commissioner  of  Police  is  hereby  directed  to 
report  to  the  President  of  the  Borough  in  which  the  same 
is  situated  the  owners  or  occupants  of  any  store,  dwelling 
or  other  buildings  having  vaults  under  the  sidewalks  in  front 
thereof,  with  covering  over  the  opening  thereto  presenting 
a  smooth  surface,  and  the  said  Borough  President  is  hereby 
directed,  immediately  after  receiving  such  report,  to  notify 
such  owners  or  occupants  to  remove  such  coverings,  and 
substitute  therefor  coverings  presenting  a  rough  surface, 
and  affording  a  secure  footing  for  pedestrians.  Should  any 
such  owner  or  occupant  neglect  or  refuse  to  comply  with 
the  directions  contained  in  such  notification  for  a  period  of 
six  months,  he  shall  suffer  a  penalty  of  five  dollars  for 
every  twenty-four  hours  in  excess  of  said  six  months  that 
such  neglect  or  refusal  shall  continue;  and  it  is  hereby 
made  the  duty  of  the  said  Borough  President  to  cause  to 
be  reported  every  violation  of  the  provision  of  this  ordinance 
to  the  Corporation  Counsel  for  prosecution.  (Id.,  sec.  339, 
with  verbal  changes.) 

§  192.  In  all  cases  where  the  owners  of  property  shall,  in 
the  erection  of  dwellings,  set  the  same  back  from  the  line 
of  the  streets  or  avenues  a  distance  of  three  feet  and  up- 
ward, for  the  purpose  of  ornamental  court-yards,  they  shall 
be  permitted  to  inclose  for  such  purpose,  with  a  neat  railing, 
in  addition  to  the  space  receded  from,  so  much  of  the  side- 
walk in  front  as  is  allowed  by  ordinance  for  stoops,  the  gates 
of  such  inclosure  to  be  so  constructed  as  to  open  inwardly, 
under  tlie  penalty  of  $100  for  each  offense.     (Id.,  sec.  340.) 

§  193.  No  person  or  persons  shall  construct  or  continue 
any  cellar  door  which  shall  extend  more  than  one-twelfth 
part  of  any  street,  or  more  than  five  feet  into  any  street, 
under  the  penalty  of  $100  for  each  offense.     (Id.,  sec.  341.) 

In  1793  the  limit  was  one-fifteenth  of  the  street,  in  1808  this  was 
chang-ed  to  one-tenth,  and  in  1821  the  present  rate  of  one-twelfth 
was  fixed. 

§  194.  Every  entrance  or  flight  of  steps  projecting  beyond 
the  line  of  the  street  and  descending  into  any  cellar  or  base- 
ment story  of  any  house  or  other  building  where  such  en- 
trance or  flight  of  steps  shall  not  be  covered,  shall  be 
inclosed  with  a  railing  on  each  side,  permanently  put  up, 
from  three  to  three  and  one-half  feet  high,  with  a  gate  to 
open  inwardly,  or  with  two  iron  chains  across  the  front  of 
the  entrance-waj^  one  near  the  top  and  one  in  the  centre  of 
the  railing,  to  be  closed  during  the  night,  unless  there  be 
a  Durning  light  over  the  steps,  to  prevent  accidents,  under 


42  CODE  Ol*  OEDlKAKCfeS  OF  ^h£  CITY  OP  NEW  IrOftK. 

the  penalty  of  twenty  dollars  for  every  offense,  to  be  recov- 
ered from  the  owner,  assigns  or  lessee  thereof,  severally 
and  respectively.     (Id.,  sec.  342.) 

See  as  to  liability  of  landlord  or  tenant,  Schroeck  vs.  Reels,  46 
App.  Div.  502;  Brogan  vs.  Hannan,  66  N.  Y.  Supp.  1066;  Sturm wald 
vs.  Schreiber,  69  App.  Div.  476. 

Article  YII, —  PuUic  Wells,  PumpHy  Cisterns  and  Hydrants. 

§  195.  All  applications  for  wells  and  pumps  in  any  part 
of  The  City  of  New  York  shall  be  made  to  the  Borough 
Presidents.     (R.  O.  1897,  sec.  288,  with  verbal  changes.) 

§  196.  All  public  wells '  hereafter  built  by  order  of  the 
Borough  Presidents  shall  be  examined  and  inspected  by  the 
Commissioner  of  Water  Supply,  Gas  and  Electricity,  and 
shall  be  paid  for  by  the  said  Borough  Presidents  in  the 
usual  manner,  on  receiving  from  the  said  commissioner  a 
certificate  of  his  approva;l  of  the  work  and  that  the  same  is 
built  in  conformity  to  law;  the  said  work  to  be  done  in 
accordance  with  the  provisions  of  law  and  ordinances  as  to 
all  work  done  for  the  corporation.  (Id.,  sec.  289,  with 
verbal  changes.) 

§  197.  No  public  well  shall  hereafter  be  built  in  any  of 
the  avenues  of  this  city.     (Id.,  sec.  290.) 

§  198.  No  person  shall  build  any  well  in  any  of  the  ave- 
nues of  this  city,  under  the  penalty  of  fifty  dollars,  and  the 
President  of  the  Borough  in  which  the  same  is  located  shall 
cause  the  same  in  all  cases  to  be  filled  up.  (Id.,  sec.  291, 
with  verbal  changes.) 

§  199.  No  person  or  persons  shall  take  the  water  from 
any  public  well,  pump  or  cistern  in  The  City  of  New  York 
for  the  purpose  of  selling  or  offering  the  same  for  sale, 
under  the  penalty  of  twenty-five  dollars  for  each  offense. 
(Id.,  sec.  292.) 

§  200.  No  person  shall  take  or  use  the  water  from  any 
public  cistern  or  hydrant,  except  in  case  of  fire  and  for  the 
purpose  of  extinguishing  the  same,  under  the  penalty  of 
twenty-five  dollars  for  each  offense.     (Id.,  sec.  293.) 

§  201.  No  person  shall  wilfully  do,  or  cause  or  suffer  to  be 
done,  any  damage  to  any  of  the  public  pumps  in  The  City 
of  New  York,  under  the  penalty  of  twenty-five  dollars  for 
each  offense.     (Id.,  sec.  294.) 

§  202.  Every  person  who  shall  place,  or  assist  in  placing, 
or  cause  or  procure  to  be  placed,  any  hogshead,  barrel,  tub 
or  other  vessel  of  greater  capacity  than  ten  gallons,  in  any 
street  of  The  City  of  New  York,  within  twenty-five  feet  of 
any  public  well  or  pump,  for  the  purpose  of  filling  the  same 
with  water  from  any  such  well  or  pump,  or  who  shall  put, 
or  cause  to  be  put,  into  any  such  vessel  any  water  from  such 
well  or  pump,  shall  forfeit  and  pay  the  sum  of  ten  dollars 
for  each  offense.     (Id.,  sec.  295.) 

§  203.  The  last  preceding  section  shall  not  be  construed 
to  prevent  the  immediate  filling  of  any  vessel  therein  men- 


CODE  OF  OBDINANCES  OF  THE  CITY  OF   NEW  YOBS.  43 

tioned,  provided  the  same  shall  be  forthwith  removed.     (Id., 
sec.  296.) 

§  204.  If  any  person,  except  one  of  the  engineers  or  fore- 
men of  the  fire  companies,  shall  unscrew  any  of  the  hydrants 
belonging-  or  attached  to  the  corporation  water-works 
erected  for  the  exting-uishment  of  fires,  or  interfere  with 
the  same,  or  any  part  of  the  works  belonging  to  the  said 
establishment,  whereby  the  said  establishment,  or  any  or 
either  of  the  pipes,  hydrants,  stop  cocks,  or  any  part  of  the 
works  may  be  injured,  or  the  water  taken  therefrom  or 
wasted,  they  shall  be  liable  to  a  penalty  of  fifty  dollars  for 
each  and  every  such  offense.     (Id.,  sec.  297.) 

§  205.  No  person  shall  wash,  or  cause  or  procure  or  per- 
mit to  be  washed,  any  horse  or  carriage  within  twenty-five 
feet  of  any  pump  in  any  street  in  The  City  of  New  York, 
imder  the  penalty  of  ten  dollars  for  every  such  offense. 
(Id.,  sec.  298.) 

§  206.  No  person  shall  water,  or  suffer  or  permit  any 
horse  to  drink  or  be  watered  at  or  within  ten  feet  of  any 
pump  or  well  in  any  street  of  The  City  of  New  York,  \inder 
the  penalty  of  five  dollars  for  each  offense,  to  be  paid  by  the 
owner  or  person  watering  or  permitting  such  horse  to  water 
severally  and  respectively.     (Id.,  sec.  299.) 

§  207.  All  persons  are  forbidden  to  open  any  street  pave- 
ment and  bore  any  water  pipe  for  the  purpose  of  conducting 
the  water  into  any  dwelling  or  other  edifice,  or  any  other 
use,  under  the  penalty  of  fifty  dollars  for  each  offense,  un- 
less vdth  the  vsrritten  permission  of  the  Commissioner  of 
Water  Supply,  Gas  and  Electricity.  (Id.,  sec.  300,  with  verbal 
changes.) 

Article  VIII.^  Public  Baths. 

§  208.  The  President  of  the  Borough  in  which  the  same 
are  situated  is  authorized  to  perfect  and  promulgate  all 
suitable  rules  and  regulations  governing  the  use  of  the 
free  floating  baths  of  the  city,  and  breaches  of  said  rules 
and  regulations  shall  be  punishable  by  a  fine  not  exceeding 
five  dollars  for  one  offense  or  by  imprisonment  not  exceed- 
ing one  day.     (Id.,  sec.  219,  with  verbal  changes.) 

Article  IX. —  Tlie  Erection  of  Barriers  to  Prevent  Accidents. 

§  209.  It  shall  be  the  duty  of  every  person  or  persons 
engaged  in  digging  down  any  road  or  street,  in  paving  any 
street,  building  any  sewer  or  drain,  trench  for  water-pipes, 
or  digging  and  building  a  well  in  any  of  the  public  roads, 
streets  or  avenues,  under  contract  with  the  corporation  of 
this  city,  made  through  either  or  any  of  the  departments  of 
the  said  corporation,  or  by  virtue  of  any  permission  which 
may  have  been  granted  to  them  by  the  Mayor  and  Board  of 
Aldermen,  or  either  of  the  said  departments  or  either  of 
them,  where  such  work,  if  left  exposed,  would  be  dangerous 
to  passengers,  to  erect  a  fence  or  railing  at  such  excavationy 


44     CODE  OF  OEDINANCES  OF  THE  CITY  OF  NEW  YORK. 

or  work  in  such  a  manner  as  to  prevent  danger  to  passen- 
g-ers  who  may  be  traveling  such  streets,  roads  or  avenues, 
and  to  continue  and  uphold  the  said  railing  or  fence  until 
the  work  shall  be  completed  or  the  obstruction  or  danger 
removed.  And  it  shall  also  be  the  duty  of  such  persons  to 
place  upon  such  railing  or  fence  at  twilight  in  the  evening 
suitable  and  sufficient  lights,  and  keep  them  burning  through 
the  night  during  the  performance  of  said  work,  under  the 
penalty  of  $100  for  every  neglect.  (K.  O.  1897,  sec.  220,  vdth 
verbal  changes.) 

§  210.  The  provisions  of  the  preceding  section  shall  apply 
to  every  person  engaged  in  building  any  vault  or  construct- 
ing any  lateral  drain  from  any  cellar  to  any  public  sewer, 
or  who  shall  do  or  perform  any  work  causing  obstructions 
in  the  public  streets  by  virtue  of  any  permit  from  any  execu- 
tive department,  and  also  to  all  public  or  corporation  officers 
engaged  in  performing  any  work  in  behalf  of  the  corpora- 
tion whereby  obstructions  or  excavations  shall  be  made  in 
the  public  streets.     (Id.,  sec.  221.) 

§  211.  The  extent  to  which  such  railing  or  fence  shall  be 
built  in  the  several  cases  is  hereby  defined  as  follows,  to  wit: 

1.  In  digging  down  any  street  or  road  by  placing  the 
same  along  the  upper  bank  of  such  excavation,  or  by  ex- 
tending the  fence  so  far  across  the  street  or  road  as  to 
prevent  persons  from  traveling  on  such  portion  as  would  be 
dangerous. 

2.  In  paving  any  street  or  avenue  by  extending  it  across 
the  carriageway  of  such  street  or  avenue,  or  if  but  a  por- 
tion of  the  width  of  such  carriageway  be  obstructed,  across 
such  portion,  in  which  case  the  obstruction  shall  be  so 
arranged  as  to  leave  a  passageway  through,  as  nearly  as 
may  be,  of  uniform  width. 

3.  In  building  a  sewer  by  placing  it  across  the  carriage- 
way at  the  ends  of  such  excavation  as  shall  be  made. 

4.  In  the  building  of  a  well  by  inclosing  the  same  and 
the  obstructions  connected  therewith  on  one  or  more  sides. 

5.  In  building  vaults  by  inclosing  the  ground  taken  from 
the  vaults. 

6.  In  placing  building  materials  in  the  streets,  the  said 
material  shall  be  so  placed  as  to  occupy  not  more  than  one- 
third  of  the  width  of  the  carriageway  of  the  street  or  ave- 
nue. In  streets  or  avenues  where  railroads  occur,  said 
materials  shall  not  be  placed  nearer  to  the  track  than  two 
feet.  In  all  cases  sufficient  lights  shall  be  placed  upon  such 
building  materials,  and  kept  burning  through  the  night  as 
provided  in  the  preceding  sections.  It  shall  be  lawful  for 
persons  who  desii:e  to  erect  large  buildings  to  erect  and 
maintain  a  bridge,  not  to  exceed  seven  feet  in  height  above 
the  sidewalk  and  six  feet  in  width,  extending  the  whole 
length  of  the  proposed  building;  the  steps  leading  to  the 
same  to  rest  upon  the  sidewalk  of  the  adjoining  premises, 
(Id.,  sec.  222.) 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  45 

§  212.  In  all  cases  where  any  person  or  persons  shall  per- 
form any  of  the  work  mentioned  in  the  preceding  sections, 
either  under  contracts  with  the  corporation  or  by  virtue  of 
permission  obtained  from  the  Mayor  and  Board  of  Aldermen, 
or  either  of  departments,  such  persons  shall  be  answerable 
for  any  and  every  damag-e  which  may  be  occasioned  to  per- 
sons, animals  or  property  by  reason  of  carelessness  in  any 
manner  connected  with  the  said  work.  (Id.,  sec.  223,  with 
verbal  changes.) 

§  213.  It  shall  be  the  duty  of  the  Borough  President  hav- 
ing charge  of  the  particular  class  of  improvements  to  see 
that  the  requirements  contained  in  this  article  in  regard  to 
the  erection  of  fencing  and  placing  lights,  in  all  cases  be 
complied  with  severally,  under  the  penalty  of  fifty  dollars 
for  each  and  every  neglect.  (Id.,  sec.  224,  with  verbal 
changes.) 

§  214.  It  shall  be  the  duty  of  the  said  Borough  President, 
when  any  of  the  work  referred  to  in  any  of  the  preceding 
sections  shall  be  performed,  whether  for  digging  down 
streets  or  roads,  paving  streets,  building  sewers  and  build- 
ing wells,  or  digging  trenches  for  water-pipes,  by  persons 
under  contract  with  the  corporation,  or  for  building  vaults 
or  placing  building  materials  in  streets,  or  constructing 
drains,  or  any  other  work  for  forming  an  obstruction  to  the 
said  street,  by  virtue  of  permission  duly  obtained,  to  see 
that  the  requirements  of  this  chapter,  in  regard  to  erecting 
the  necessary  fences  and  placing  the  necessary  lights,  be 
complied  with,  and  to  make  the  necessary  complaint  to  the 
Corporation  Counsel  for  any  omission  on  the  part  of  the 
person  referred  to,  under  the  penalty  of  fifty  dollars  for 
every  neglect.     (Id.,  sec.  225,  with  verbal  changes.) 

§  215.  In  all  contracts  for  paving  streets,  constructing 
sewers,  and  building  wells  and  pumps,  or  for  doing  any 
other  work  whereby  accidents  or  injuries  may  happen  in 
consequence  of  any  neglect  or  carelessness  during  the  per- 
formance thereof,  it  shall  be  the  duty  of  the  departments 
by  whom  such  contracts  are  made  to  insert  a  covenant 
requiring  the  contractor  or  contractors  to  place  proper 
guards  for  the  prevention  of  accidents,  and  to  put  up  and 
keep  suitable  and  sufficient  lights  burning  at  night  during 
the  performance  of  the  work;  and  that  they  will  keep  the 
corporation  harmless  and  indemnified  against  all  loss  and 
damage  which  may  be  occasioned  by  reason  of  any  unskill- 
fulness  or  carelessness  in  any  manner  connected  ^th  the 
execution  and  completion  of  the  work.     (Id.,  sec.  226.) 

§  216.  In  all  contracts  for  digging  down  any  road  or 
street,  where  such  digging,  if  left  exposed,  would  be  danger- 
ous to  passengers,  the  heads  of  the  proper  department  shall 
insert  a  covenant  whereby  the  contractors  shall  be  bound, 
at  their  own  expense,  to  erect  a  fence  or  railing  along  or 
across  the  street,  in  such  a  manner  as  to  prevent  danger  to 


46  CODE  OF  OBDINANCES  OF  THE  CITY  OF  NEW  YOEK. 

passengers,  and  so  to  continue  and  uphold  the  said  fence  or 
railing"  until  the  street  is  completed.     (Id.,  sec.  227.) 

§  217.  A  like  fence  or  railing  shall  be  put  up  and  upheld 
in  all  cases  in  which  a  road  or  street  is  dug  out  at  the  cost 
of  the  corporation.     (Id.,  sec.  228.) 

§  218.  In  all  contracts  for  the  work  for  the  corporation 
upon  any  public  building,  or  in  any  public  street  or  place, 
in  the  performance  of  which  accidents  or  injuries  may  hap- 
pen to  the  person  or  property  of  another,  a  provision  shall 
be  inserted  that  the  contractor  shall  place  proper  guards 
for  the  prevention  of  accidents,  and  shall  put  up  and  keep 
at  nights  suitable  and  sufficient  lights  during  the  perform- 
ance of  the  work;  and  that  he  will  indemnify  the  corpora- 
tion for  damages  or  costs  to  which  they  may  be  put  by  rea- 
son of  injury  to  person  or  property  of  another  resulting 
from  negligence  or  carelessness  in  the  performance  of  the 
work.     (Id.,  sec.  355.) 

Article  X. —  The  Bureau  of  Incumbrances, 

I.   Incumbering  the  Streets. 

S  219.  No  person  shall  incumber  or  obstruct  any  street, 
roadway  or  sidewalk  which  has  been  opened,  regulated  or 
graded,  according  to  law,  in  The  City  of  New  York,  with 
any  article  or  thing  whatsoever,  except  as  provided  in  sec- 
tion 262  of  these  ordinances,  without  first  having  obtained 
written  permission  from  the  President  of  the  Borough  in 
which  such  street,  roadway  or  sidewalk  is  situated,  under 
the  penalty  of  five  dollars  for  each  offense,  and  a  further 
penalty  of  five  dollars  for  each  day  or  part  of  a  day  such 
obstruction  or.  incumbrance  shall  continue.  (R.  O.  1897, 
sec.  179,  with  verbal  changes.) 

This  is  substantially  the  same  as  sec.  33  of  Ch.  6,  R.  O.  1880;  sec.  1, 
Ch.  24,  City  Ordinances.  1859;  sec.  5,  tit.  11,  ch.  22,  Revised  Ordi- 
nances, 1839;  and  par.  26,  Ch.  13,  R.  O.  1811.  In  the  first  publication 
of  the  ordinances  in  1793,  after  the  Revolution,  it  was  provided, 
paragraph  6,  p.  14,  that  no  person  should  "  lumber  "  any  foot  path 
or  "  incommode  foot  passengers  "  under  a  penalty  of  five  shillings, 
and  also  by  paragraph  12,  p.  16:  "  That  no  Person  or  Persons  shall 
incumber  or  obstruct  any  street,  wharf,  or  pier  with  any  Carriages, 
Timber,  Boards,  Planks,  Staves,  Heading,  Pitch,  Tar,  Turpentine, 
Grindstones,  Anchors,  Bricks,  or  any  other  kind  of  Lumber,  or 
other  Thing,  without  having  first  obtained  Leave  or  Permission  so 
to  do  from  the  Mayor  or  Recorder,  or  the  Alderman  of  the  Ward; 
and  that  Leave  and  Permission  is  hereby  limited  and  confined  to 
Persons  only  that  are  or  shall  be  building  or  repairing  Houses  or 
other  Buildings,  under  the  Penalty  of  Forty  Shillings  for  each 
Offence,"  and  if  the  owners  fail  to  remove  the  same  it  may  be 
carted  to  the  Alms-house  Yard  and  sold,  unless  redeemed  for  two 
pence  a  day  for  every  load  carted.  It  is  important  to  note  that  in 
this  and  many  of  the  following  sections  affecting  street  obstruc- 
tions the  law  has  practically  been  unchanged  for  over  a  century. 

The  decisions  on  the  general  subject  of  incumbrances  are  very 
numerous.  It  was  a  well-established  principle  at  common  law, 
which  has  been  repeatedly  affirmed  in  this  State,  that  any  obstruc- 
tion, encroachment  or  incumbrance  on  a  public  highway  without 
lawful  authority  was  a  public  nuisance  as  to  the  public  and  a 
private  nuisance  as  to   any  individual  injured.    See  statement  of 


CODE  01*  ORDINANCES  OF  THE  ClTY  OF  NEW  YOiElE:.  47 

law  in  leading  cases  of  Cohen  vs.  Mayor,  etc.,  of  N.  T.,  113  N.  Y. 
532,  where  the  city  was  held  liable  for  damages  resulting  from  a 
wagon  it  allowed  to  remain  on  the  sidewalk,  and  Callanan  vs. 
Oilman,  107  N.  Y.  361,  where  adjoining  owner  recovered  damages 
and  enjoined  defendant  from  using  skids  on  the  sidewalk  so  con- 
tinuously as  practically  to  amount  to  an  appropriation  of  it  for  his 
own  purposes.  Also  see  Davis  vs.  Mayor,  etc.,  14  N.  Y.  506;  Hume 
vs.  Mayor,  etc.,  74  N.  Y.  264. 

Where  ministerial  officers  fail  to  do  their  duty  and  remove  nui- 
sances, mandamus  lies  to  compel  them.  People  ex  rel.  p'Reilly  vs. 
Mayor,  etc.,  of  N.  Y.,  59  How.  Pr.  277.  And  an  injunction  to 
restrain  him  will  not  be  granted.  Ely  vs.  Campbell,  69  How.  Pr. 
333.  Mandamus  lies  to  compel  removal  of  showcases  obstructing 
'the  sidewalk.  People  ex  rel.  Bentley  vs.  Mayor,  18  Abb.  N.  C.  123; 
also  see  People  ex  rel.  Mullen  v.  Newton,  20  Abb.  N.  C.  387.  Where 
city  fails  to  remove  a  nuisance,  a  private  owner  may  do  so,  joining 
the  city  as  a  co-defendant.  Overton  vs.  Village  of  Orlean,  37 
Hun,  47. 

The  city  may  enjoin  the  continuance  of  the  nuisance.  City  or 
N.  Y.  vs.  Thorley  &  Regan  (Pabst  Hotel),  McAdam,  J.,  N.  Y.  Law 
Journal,  Nov.  19,  1901;  affd.  73  App.  Div.  626.  Wagons  on  the  side- 
walk, if  a  nuisance,  are  illegal.  Flynn  vs.  Taylor,  127  N.  Y.  596. 
There  can  be  no  appropriation  of  the  public  sidewalk  to  private 
uses.    Met.  Ex.  Co.  v.  Newton,  21  St.  Rep.  73. 

As  to  permanent  encroachments,  see  Ackerman  vs.  True,  175 
N.  Y.  353,  where  •  the  extension  of  a  house  on  Riverside  Drive 
beyond  the  building  line  under  a  permit  from  the  Park  Department, 
was  held  to  be  a  nuisance  and  illegal.  See,  also:  City  of  N.  Y.  vs. 
Knickerbocker  Trust  Co.,  104  App.  Div.  223;  Williams  vs.  Silverman 
R.  Co.,  m  App.  Div.  679;  McMillan  vs.  Klaw  &  Erlanger,  107  App. 
Div.  407,  and  City  of  N.  Y.  vs.  Knickerbocker  Trust  Co.,  O'Gtorman, 
J.,  N.  Y.  La,w  Journal,  June  1,  1906. 

The  general  questions  are  usually  raised  in  equity  suits.  See 
cases,  supra;  also  Hallock  vs.  Schreyer;  33  Hun,  111;  Hearn  vs. 
Mayor,  Daily  Reg.,  May  26,  1885;  People  vs.  Met.  Tel.  Co.,  11  Abb. 
N.  C.  304;  Knox  v.  Mayor,  56  Barb.  404;  Emmons  vs.  Campbell, 
22  Hun,  582. 

The  legislature  may  delegate  to  the  Rapid  Transit  Commissioners 
of  New  York  city  power  to  authorize  structures  in  streets  which, 
without  such  authority,  would  be  obstructions  under  the  common 
law.    Turl  vs.  N.  Y.  Construct.  Co.,  46  Misc.  Rep.  164. 

While  mandamus  has  been  granted  (see  cases,  supra),  it  has  fre- 
quently been  denied. 

Mandamus  will  not  lie  where  there  is  a  remedy  at  law  and  in 
equity  and  the  right  is  not  clear.  People  ex  rel.  Lynch  vs.  Man- 
hattan R.  Co.,  20  Abb.  N.  C.  393. 

Where  a  stand  was  erected  within  the  stoop  line,  and  with  the 
consent  of  the  owner  of  the  premises  and  under  the  ordinance 
passed  under  ch.  418,  L.  1887,  application  for  mandamus  to  compel 
its  removal  denied,  although  it  was  stated  that  if  it  was  used  for 
purposes  not  permitted  by  law  the  owner  might  be  entitled  to  an 
injunction.  People  ex  rel.  Meeks  vs.  The  Mayor,  Lawrence,  J., 
Daily  Register,  May  29,  1888. 

Application  denied  where  there  was  an  obstruction  on  the 
sidewalk  between  the  house  and  street  line  which  did  not  interfere 
with  the  public.  People  ex  rel.  John  vs.  Mayor,  Beach,  J.,  Daily 
Register,  June  2,  1887. 

Where  an  awning  has  been  erected  with  the  apparent  power  of 
the  municipality  to  authorize  it.  Judge  Brown,  in  U.  S.  Circuit 
Court,  refused  to  pass  on  matter  in  motion  for  a  preliminary 
Injunction.    Whitman  vs.  Hubbell,  20  Abb.  N.  C.  385. 

§  220.  No  post  shall  be  erected  or  put  up  in  any  of  the 
streets,  roads,  lanes  or  highways  in  The  City  of  New  York, 
unless  under  the  direction  of  the  President  of  the  Borough 
in  which  such  post  is  to  be  erected,  under  the  penalty  of 
five  dollars  for  every  such  post.  (Id.,  sec.  187,  with  verbal 
changes.) 


4S  CODfi  OF  OHDINANCES  OF  THE  CITY  OF  NEW  YOBK. 

§  221.  The  President  of  any  Borough,  whenever  directed 
by  the  Board  of  Aldermen,  shall  order  any  step-stones  nsed 
for  entering-  carriag-es,  any  railing  or  fence,  any  sign,  sign- 
post, or  other  post,  any  area,  bay  window  or  other  window, 
porch,  cellar  door,  platform,  stoop  or  step,  or  any  other 
thing  which  may  incumber  or  obstruct  any  street,  to  be 
altered  or  removed  therefrom,  within  such  time  as  may  be 
limited  by  the  Board  of  Aldermen.  (Id.,  sec.  193,  with  ver- 
bal changes.) 

§  222.  The  order  of  direction  mentioned  in  the  last  pre- 
ceding section  shall  be  in  writing,  and  shall  be  served  per- 
sonally or  by  leaving  it  at  the  house  or  place  of  business 
of  the  owner,  occupant  or  person  having  charge  of  the 
house  or  lot  in  front  of  which  step-stone  or  other  incum- 
brance or  obstruction  may  be,  or  by  posting  the  said  notice 
or  order  upon  such  step-stone  or  other  incumbrance  or 
obstruction.     (Id.,  sec.  194.) 

§  223.  If  any  owner,  occupant  or  person  having  charge 
of  any  such  house  or  lot  in  The  City  of  New  York  shall 
refuse  or  neglect  to  obey  or  comply  with  such  notice  or 
order,  he,  she  or  they  shall  forfeit  and  pay  the  sum  of  ten 
dollars,  and  the  further  sum  of  five  dollars  for  each  and 
every  day,  from  and  after  the  time  limited  and  appointed  in 
said  order,  until  the  same  shall  have  been  complied  with. 
(Id.,  sec.  195.) 

II.    Bay  and  Show  Windows. 

§  224.  The  Borough  Presidents  and  the  Park  Commissioii- 
ers  having  jurisdiction,  shall  issue  permits  for  the  erection 
of  bay  windows  projecting  beyond  the  building  line,  pro- 
vided, in  the  opinion  of  the  officer  having  jurisdiction,  no 
injury  will  come  to  the  public  thereby.  Permits  for  the 
erection  of  bay  windows  lying  within  any  park,  square  or 
public  place,  or  within  a  distance  of  350  feet  from  the  outer 
boundaries  thereof,  shall  be  issued  by  the  Park  Commis- 
sioner having  jurisdiction,  as  provided  in  section  612  of  the 
Charter,  as  amended  by  section  1,  chapter  723  of  the  Laws 
of  1901.  Permits  for  the  erection  of  all  other  bay  windows 
shall  be  issued  by  the  Borough  President  having  jurisdiction. 

For  the  purposes  of  this  ordinance  a  "  bay  window  "  shall 
be  taken  to  mean  and  include  all  projections  on  the  face  of 
a  building  in  the  nature  of  windows,  such  as  are  commonly 
called  bay  windows,  show  windows,  oriel  windows  and  bow 
windows,  without  regard  to  the  material  of  which  they  are 
constructed  or  to  the  purposes  for  which  they  are  to  be 
used.  (This  and  the  following  sections,  to  234  inclusive, 
comprise  the  "  Bay- Window  Ordinance,"  approved  January 
30,  1903.) 

The  recent  case  of  Williams  vs.  Silverman  Construction  Co.,  Ill 
App.  Div.  679,  expressly  holds  that  permits  granted  under  this 
ordinance  are  invalid,  as  the  Board  of  Aldermen  has  no  power  to 
allow  permanent  encroachments  on  the  public  hig-hways.  But  see. 
contra,    Broadbelt  vs.    Loew,   15  App.   Div.   343.   affd.   162  N.   Y.    642. 

Section  86  of  thQ  Consolidation  Act  there  construed  has  been  prag- 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  49 

tically  incorporated  in  section  49  of  the  Charter.  The  Park  Commis- 
sioners have  power  to  grant  permits  for  bay  windows  which 
project  beyond  the  building  line  but  within  the  stoop  line.  Worm- 
ser  vs.  Brown,  149  N.  Y.  163.  This  case,  however,  has  been  dis- 
tinguished in  the  recent  one  of  Ackerman  vs.  True,  175  N.  Y.  353, 
Which  declares  permits  and  ordinances  allowing  permanent 
encroachments  on  the  public  streets  to  be  invalid.  Bay  windows 
have  always  been  allowed  in  the  city,  but  before  this  ordinance 
they  were  limited  to  one  foot.  (See  Laws  and  Ordinances  1793,  p.  17, 
par.  13,  and  subsequent  compilations.) 

§  225.  Before  the  erection  of  any  bay  window  projecting 
beyond  the  building-  line  shall  have  been  commenced,  the 
owner  or  his  duly  authorized  ag-ent  shall  make  application 
in  writing  to  the  officer  having  jurisdiction,  on  suitable 
blanks  furnished  by  him,  and  shall  state  the  length  and 
width  of  the  proposed  bay  window,  the  number  of  stories 
through  which  it  is  intended  to  be  carried,  and  the  number 
of  square  feet  of  area  covered  by  that  portion  of  the  bay 
window  projecting  beyond  the  building  line.  Drawings 
showing  the  size  of  and  area  covered  by  the  bay  window, 
the  number  of  stories  through  which  it  is  proposed  to  be 
carried  and  its  location  in  reference  to  the  lot  and  building 
lines  shall  be  submitted  with  each  application,  and  for  the 
purpose  of  computing  the  area  covered  by  a  bay  window 
projecting  beyond  the  building  line  the  outside  face  of  the 
bay,  exclusive  of  cornices,  pilasters,  trims,  etc.,  shall  be  the 
line  taken  as  a  basis  of  computation. 

Each  application  for  the  erection  of  a  bay  window  pro- 
jecting more  than  one  foot  beyond  the  building  line  shall 
have  indorsed  thereon  the  consent  of  all  the  adjoining 
property  owners  within  a  distance  of  fifty  feet  from  the 
centre  of  the  bay  window,  on  the  same  side  of  the  street; 
meaning,  thereby,  so  much  of  the  side  of  a  street  as  is  unin- 
tersected  by  any  other  street  on  which  it  is  proposed  to  be 
erected. 

Each  application  shall  be  accompanied  by  the  amount  of 
the  compensation  due  the  city  for  the  privilege  of  erecting 
said  bay  window,  as  hereinafter  provided.     (Id.,  sec.  2.) 

§  226.  Each  application  for  the  erection  of  a  bay  window 
projecting  more  than  one  foot  beyond  the  building  line  shall 
be  accompanied  by  a  certified  copy  of  the  last  assessed 
valuation  of  the  property  on  which  said  bay  window  is  to 
be  erected,  which  appears  upon  the  books  of  the  Department 
of  Taxes  and  Assessments.  Except  as  hereinafter  provided, 
the  amount  that  shall  be  paid  as  a  compensation  to  the  city 
for  the  privilege  of  erecting  each  bay  wdndow  shall  be  at 
the  rate  of  ten  per  cent,  of  the  assessed  value  per  square 
foot  of  the  property  on  which  the  said  bay  window  is  to  be 
erected,  for  each  and  every  square  foot,  or  fraction  thereof, 
of  area  covered  by  said  bay  window  beyond  the  building 
line  for  each  and  every  story  through  which  it  is  carried. 

If  the  projection  of  a  bay  window  does  not  exceed  one 
foot  beyond  the  building  line,  and  it  is  not  carried  higher 
than  the  sill  of  the  second-story  windows,  the  rate  through- 


50  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

out  The  City  of  New  York  shall  be  ten  cents  for  each  square 
foot  or  fraction  thereof  of  horizontal  area  covered  by  said 
bay  windows  beyond  the  building  line.     (Id.,  sec.  3.) 

§  227.  Bay  windows  may  be  hereafter  erected  with  a 
projection  of  not  more  than  three  feet  beyond  the  building 
line,  provided  that  when  the  projection  exceeds  one  foot 
beyond  the  building  line  the  total  number  of  feet  in  width 
occupied  by  all  the  bay  windows  on  the  same  frontage  of 
the  same  building  shall  not  exceed  seventy-five  per  cent,  of 
the  width  of  the  frontage  of  the  building  on  whi<;h  they  are 
located.  When  the  total  number  of  feet  to  width  occupied 
by  all  the  bay  windows  on  the  same  frontage  of  the  same 
building  exceeds  seventy-five  per  cent,  of  the  width  of  the 
frontage  of  the  building  on  which  they  are  located,  the 
projection  shall  not  exceed  one  foot  beyond  the  building 
line,  nor  shall  the  bay  window  be  carried  higher  than  the 
sill  course  of  the  second-story  window.     (Id.,  sec.  4.) 

§  228.  Permits  for  the  erection  of  bay  windows  shall  be 
issued  in  duplicate,  one  of  which  shall  be  retained  by  the 
applicant  and  kept  at  the  building  during  the  erection  of 
the  window,  and  the  other  shall  be  filed  by  him,  with  the 
plans  for  the  construction  of  the  window,  in  the  Department 
of  Buildings.  If  it  shall  appear,  upon  completion,  that  the 
bay  window  occupies  a  greater  number  of  square  feet,  or  has 
been  carried  through  a  greater  number  of  stories  than  shall 
have  been  paid  for,  the  applicant  shall  pay  twice  the  sum 
previously  paid  for  each  square  foot  of  area  occupied  by  said 
bay  window  over  and  above  the  number  of  square  feet  paid 
for  originally.     (Id.,  sec.  5.) 

§  229.  Permits  granted  pursuant  to  the  provisions  of  this 
ordinance  are  revocable  permits,  and  shall  have  the  follow- 
ing clause  printed  thereon,  viz.:  "  This  permit  is  issued  sub- 
ject to  revocation  thereof  at  any  time  hereafter  by  the  Board 
of  Aldermen  of  The  City  of  New  York,  upon  the  recommen- 
dation of  the  ofiicer  having  jurisdiction,  when  the  space 
occupied  by  said  bay,  or  any  portion  thereof,  may  be 
required  for  any  public  improvement,  or,  upon  any  viola- 
tion of  any  of  the  terms  or  conditions  upon  which  this 
permit  is  issued."  A  permit  for  the  erection  of  a  bay  win- 
dow shall  be  deemed  to  have  expired  when  the  bay  window  is 
taken  down,  and  the  space  formerly  occupied  thereby  shall 
no  longer  be  used  for  the  purpose  for  which  the  permit  was 
issued,  unless  a  permit  for  its  reconstruction  shall  have  been 
granted,  as  provided  in  section  7  of  this  ordinance.  In  case 
it  is  thereafter  desired  to  erect  a  bay  window  on  the  said 
property,  the  applicant  shall  comply  with  all  the  provisions 
of  this  ordinance.     (Id.,  sec.  6.) 

§  230.  Permits  for  the  reconstruction  of  now  existing  bay 
windows  as  defined  by  this  ordinance,  and  for  the  reconstruc- 
tion of  all  bay  windows  which  shall  be  hereafter  erected 
under  the  provisions  of  this  ordinance,  shall  be  issued  by 
the    officer    having    jurisdiction,    without    the    applicant's 


CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  51 

obtaining  the  consent  of  adjoining"  property  owners,  as 
provided  in  section  2  of  this  ordinance;  provided,  that  the 
bay  vrindow,  when  reconstructed,  shall  have  no  greater  pro- 
jection or  wddth,  nor  be  carried  through  a  greater  number 
of  stories,  nor  cover  a  greater  area,  than  the  window  as 
originally  constructed.  And,  further,  provided  that  no  fee 
shall  be  charged  for  the  reconstruction  of  bay  windows 
which  have  been  erected  under  the  provisions  of  this  ordi- 
nance, or  for  which  a  fee  has  been  paid  for  the  privilege  of 
erecting  the  same  under  the  provisions  of  the  laws  in  force 
at  the  time  of  the  erection  of  the  said  bay  window.  The 
restrictions  specified  under  section  4  of  this  ordinance  shall 
not  apply  to  the  reconstruction  of  now  existing  bay  win- 
dows; but  permits  issued  for  the  reconstruction  of  now 
existing  bay  windows,  for  which  no  fee  has  heretofore  been 
paid,  shall  be  paid  for  as  provided  in  section  3  of  this  ordi- 
nance.    (Id.,  sec.  7.) 

§  231.  Nothing  herein  contained  shall  be  deemed  to  con- 
flict with  the  provisions  of  the  Building  Code,  and  all  bay 
windows  for  which  permits  are  issued,  under  the  provisions 
of  this  ordinance,  shall  be  erected  in  accordance  with  all  the 
provisions  of  said  Code  in  regard  to  the  kind  and  quality  of 
materials  used.  No  plans  for  the  construction  of  a  bay  vdn- 
dow  as  defined  in  this  ordinance  shall  be  approved  by  the 
Superintendent  of  Buildings  until  the  permit  is  filed,  as  pro- 
vided by  section  5  of  this  ordinance.     (Id.,  sec.  8.) 

§  232.  A  permit  for  the  continuance  of  any  now  existing 
bay  window  which  projects  beyond  the  building  line  may  be 
issued  by  the  officer  who,  according  to  section  1  of  this 
ordinance,  has  jurisdiction  over  the  erection  of  bay  windows 
at  the  same  place.  Application  for  such  permit  must  be  in 
writing,  and  must  be  accompanied  by  a  certified  copy  of 
the  last  assessed  valuation  of  the  property  on  which  such 
bay  window  stands,  which  appears  upon  the  books  of  the 
Department  of  Taxes  and  Assessments,  and  must  also  be 
accompanied  by  a  survey  showing  the  dimensions  of  such 
bay  window  and  the  number  of  stories  through  which  it  is 
carried.  The  application  shall  be  accompanied  by  the 
amount  of  the  compensation  due  the  city  for  the  privilege 
of  continuing  the  bay  window,  calculated  in  the  same  man- 
ner and  at  the  same  rate  as  are  provided  in  sections  2  and  3 
of  this  ordinance.  Permits  shall  be  issued  under  this  section 
without  consent  of  adjoining  property  owners.  Permits 
issued  under  this  section  shall  be  subject  to  all  of  the  pro- 
visions of  section  6  of  this  ordinance,  in  like  manner  as  are 
permits  for  the  erection  of  bay  windows.  Permits  issued 
under  this  section  shall  be  issued  in  duplicate,  and  one  of 
such  duplicates  shall  be  filed  in  the  Department  of  Buildings. 
All  fees  received  ^nder  this  section  shall  be  accounted  for 
and  paid  over  as  provided  in  section  9  of  this  ordinance. 
Nothing  herein  contained  shall  be  construed  to  revoke  any 


52  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

permit  or  authority  heretofore  lawfiilly  issued  or  given. 
(Ord.  app.  June  25,  1903.) 

§  233.  All  fees  received  by  the  Borough  Presidents  or  the 
Park  Commissioners  for  the  issuing  of  permits  for  the  erec- 
tion of  bay  windows  shall  be  accounted  for  in  proper  books 
kept  for  that  purpose,  and  shall  be  turned  over  by  them  to 
the  City  Chamberlain  and  credited  to  the  General  Fund. 
(Ord.  app.  Jan.  30,  1903,  sec.  9.) 

§  234.  Any  person,  firm  or  corporation  violating  any  of 
the  provisions  of  this  ordinance  shall  be  liable  to  a  fine  of 
ten  dollars  ($10)  for  each  offense,  and  one  dollar  ($1)  for 
each  and  every  day  that  such  offense  shall  continue,  which 
shall  be  duly  sued  for  and  collected.     (Id.,  sec.  10.) 

III.    Ornamental  Projections, 

§  235.  The  Borough  Presidents  and  the  Park  Commis- 
sioners having  jurisdiction  shall,  subject  to  the  restrictions 
of  this  ordinance,  issue  permits  for  the  construction  of  oma- 
m.ental  projections  which  project  beyond  the  building  line, 
provided,  in  the  opinion  of  the  officer  having  jurisdiction,  no 
injury  will  come  to  the  public  thereby.  Permits  for  the  con- 
struction of  such  projections,  lying  within  any  park,  square 
or  public  place,  or  within  a  distance  of  350  feet  from  the 
outer  boundaries  thereof,  shall  be  issued  by  the  Park  Com- 
missioner having  jurisdiction,  as  provided  in  section  612  of 
the  charter  as  amended  by  section  1,  chapter  723  of  the  Laws 
of  1901.  Permits  for  the  erection  of  all  other  ornamental 
projections  shall  be  issued  by  the  Borough  Presidents  having 
jurisdiction. 

For  the  purposes  of  this  ordinance,  "  an  ornamental  pro- 
jection "  shall  be  taken  to  mean  and  include  all  decorative 
projections  on  the  face  of  a  building  bej^nd  the  building 
line,  in  the  nature  of  porches,  arches,  porticos,  pedestals, 
free-standing  statuary,  columns  and  pillars,  which  are 
erected  purely  for  the  enhancement  of  the  beauty  of  the 
building  from  an  artistic  standpoint.  (Ord.  app.  April  20, 
1903.) 

In  the  recent  case  of  McMillan  vs.  Klaw  &  Erlanger,  107  App. 
Div.  4Q7,  this  ordinance  was  held  to  be  unconstitutional.  In  that 
case  the  ordinance  was  set  up  as  a  defense  to  an  action  brought 
by  the  owner  of  the  property  adjoining  the  New  Amsterdam 
Theatre  to  compel  the  removal  of  certain  ornamental  pillars 
erected  in  front  of  the  theatre  on  Forty-second  street  and  pro- 
jecting several  feet  on  the  sidewalk.  See  the  opinion  and  review 
of  cases. 

§  236.  Before  the  erection  of  any  such  ornamental  pro- 
jection shall  be  commenced  the  owner  of  the  building  or 
his  duly  authorized  agent  shall  make  application  in  writing 
to  the  said  Borough  President  or  Park  Commissioner  having 
jurisdiction,  on  suitable  blanks  furnished  by  him,  for  the 
permit  herein  provided  for,  and  shall  file  a  plan  and  drawings 
showing  the  nature  of  the  proposed  ornament,  vsdth  the 
dimensions   thereof,   the   number   of   stories  through  which 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  53 

it  is  intended  to  be  carried,  and  the  number  of  square  feet 
of  area  covered  by  that  portion  of  the  ornamentation  pro- 
jecting" beyond  the  building  line. 

Each  application  shall  be  accompanied  by  the  amount  of 
compensation  due  the  city  for  the  privilege  of  erectiug  said 
ornanuentation,  as  hereinafter  provided.     (Id.,  sec.  2.) 

§  237.  Each  application  for  the  erection  of  an  ornamental 
projection  which  projects  more  than  one  foot  beyond  the 
building  line,  shall  be  accompanied  by  a  certified  copy  of 
the  last  assessed  valuation  of  the  property  on  which  said 
ornamjBntal  projection  is  to  be  erected,  which  appears  upon 
the  books  of  the  Department  of  Taxes  and  Assessments. 
Except  as  hereinafter  provided,  the  amount  that  shall  be 
paid  as  a  compensation  to  the  city  for  the  privilege  of  erect- 
ing each  ornamental  projection,  shall  be,  for  each  and  every 
square  foot  or  fraction  thereof  of  area  extending  more  than 
oub  foot  beyond  the  building  line,  at  the  rate  of  ten  per  cent, 
per  square  foot  of  the  assessed  value  of  the  property  on 
which  the  said  ornamental  projection  is  to  be  erected.  (Id., 
sec.  3.) 

§  238.  Ornamental  projections  which  shall  extend  not 
more  than  two  feet  beyond  the  building  line  may  hereafter 
be  erected  on  buildings  in  the  Borough  of  Manhattan,  situ- 
ated on  Broadway  to  the  south  of  Fifty-ninth  street;  on 
Fourteenth  street,  between  Broadway  and  Sixth  avenue; 
on  Twenty-third  street,  between  Third  and  Sixth  avenues; 
on  Thirty-fourth  street,  between  Third  and  Ninth  avenues; 
on  Fifty-ninth  street,  between  Third  and  Ninth  avenues,  and 
on  Fifth  avenue,  between  Fourteenth  street  and  Fifty-ninth 
street,  and  on  all  other  streets  in  The  City  of  New  York 
ornamental  projections  may  be  erected,  provided  they  shall 
extend  not  more  than  one-fifteenth  part  of  the  width  of  the 
street  they  are  upon,  nor  in  any  case  more  than  five  feet 
beyond  the  building  line.     (Id.,  sec.  4.) 

§  239.  The  permits  mentioned  herein  shall  be  issued  in 
duplicate,  one  of  which  will  be  retained  by  the  applicant  and 
kept  at  the  building  during  the  erection  of  the  projection, 
and  the  other  shall  be  filed  by  him  veith  the  plans  for  the 
building  in  the  Bureau  of  Buildings.  If  it  shall  appear  upon 
completion  that  the  ornamental  projection  occupies  a  greater 
number  of  square  feet  than  shall  have  been  paid  for,  the 
applicant  shall  pay  twice  the  sum  previously  paid  for  each 
square  foot  of  area  occupied  by  said  projection  over  and 
above  the  number  of  square  feet  paid  for  originally,  but  in 
no  case  shall  said  ornamental  projection  exceed  the  limit 
allowed  by  law.     (Id.,  sec.  5.) 

§  240.  Permits  granted  pursuant  to  the  provisions  of  this 
ordinance  are  revocable  permits,  and  shall  have  the  following 
clause  printed  thereon,  viz.,  "  This  permit  is  issued  subject 
to  revocation  thereof,  at  any  time  hereafter  by  the  Board 
of  Aldermen  of  The  City  of  New  York,  upon  the  recom- 
mendation of  the  officer  having  jurisdiction,  when  the  space 


54     CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

occupied  by  said  ornamental  projection  or  any  portion 
thereof  may  be  required  for  any  public  improvement,  or 
upon  any  violation  of  any  of  the  terms  or  conditions  upon 
which  this  permit  is  issued."  A  permit  for  the  erection 
of  an  ornamental  projection  shall  be  deemed  to  have  expired 
when  such  projection  is  taken  down,  and  the  space  formerly 
occupied  thereby  shall  no  longer  be  used  for  thje  purpose 
for  which  the  permit  was  issued,  unless  a  permit  for  its 
reconstruction  shall  have  been  granted,  as  provided  in 
section  8  of  this  ordinance.  In  case  it  is  thereafter  desired 
to  erect  an  ornamental  projection  on  the  said  propertjs  the 
applicant  shall  comply  with  all  of  the  provisions  of  this 
ordinance.     (Id.,  sec.  6.) 

§  241.  Permits  as  hereinbefore  described,  and  subject  to 
the  conditions  therein  attached,  may  be  issued  to  the  owners 
of  all  buildings  having  ornamental  projections,  which  build- 
ings have  been  erected  or  are  being  erected,  and  have  orna- 
mental projections  thereon  beyond  the  building  line,  without 
any  authorization  therefor.     (Id.,  sec.  7.) 

§  242.  No  fees  shall  be  charged  for  granting  a  permit  to 
reconstruct  an  ornamental  projection  within  the  limitations 
imposed  by  an  original  permit  therefor.     (Id.,  sec.  8.) 

§  243.  Nothing  herein  contained  shall  be  deemed  to  con- 
flict with  the  provisions  of  the  Building  Code.  No  plans  for 
the  construction  of  a  builoing  having  ornamental  projections 
thereon,  beyond  the  building  line,  as  defined  in  this  ordi- 
nance, shall  be  approved  by  the  Superintendent  of  Build- 
ings until  the  permit  therefor  is  filed,  as  provided  by  section 
5  of  this  ordinance.     (Id.,  sec.  9.) 

§  244.  All  fees  received  by  the  Borough  Presidents  or 
Park  Commissioners  for  the  issuing  of  permits  provided  by 
this  ordinance  shall  be  accounted  for  in  proper  books  kept 
for  that  purpose  and  shall  be  turned  over  by  them  to  the 
City  Chamberlain  and  credited  to  the  general  fund.  (Id., 
sec.  10.) 

§  245.  Any  person,  firm  or  corporation  violating  any  of 
the  provisions  of  this  ordinance  shall  be  guilty  of  a  misde- 
meanor and  shall  in  addition  thereto  be  liable  to  a  penalty 
of  ten  dollars  for  each  offence  and  ten  dollars  for  each  and 
every  day  that  such  offense  shall  continue.    (Id.,  sec.  11.) 

IV,   Porches,  Platforms  and  Stoops. 

§  246.  No  person  or  persons  shall  hereafter  construct  any 
porch  over  a  cellar  door,  under  the  penalty  of  $100.  (R.  O. 
1897,  sec.  181.) 

§  247.  No  person  or  persons  shall  construct  or  continue 
any  platform,  stoop  or  step  in  any  street  in  The  City  of 
New  York  which  shall  extend  more  than  one-tenth  part  of 
the  width  of  the  street,  nor  more  than  seven  feet,  nor  with 
any  other  than  open  backs  or  sides  or  railings,  nor  of 
greater  width  than  is  necessary  for  the  purpose  of  a  con- 
venient passageway  into   the   house   or  building,   nor   any 


CODE  OP  OllDINANCES  OP  THE  CITY  OP  NEW  YORK.  55 

stoop  or  step  which  shall  exceed  five  feet  in  height,  under 
the  penalty  of  $100.     (Id.,  sec.  182.) 

This  has  remained  practically  the  same  since  1821.  The  Laws 
and  Ordinances  of  1793  provided  (p.  12)  that  no  platforms,  stoop, 
steps,  etc.,  should  extend  more  than  one-tenth  part  of  the  width 
of  the  street,  and  should  have  open  backs  and  railings.  By  1817 
there  was  added  the  limitation,  "  nor  more  than  seven  feet  *  *  * 
and  for  the  mere  purpose  of  a  passageway  into  the  houses  or 
buildings."  See  Ordinance  1817,  par.  XII  of  Ch.  13.  In  the 
Ordinances  of  1821  we  find  the  height  limited  to  five  feet.  R.  O. 
1821.    See  notes  under  sections  180-181  as  to  areas. 

§  248.  Nothing-  contained  in  the  preceding"  sections  of  this 
article  shall  be  deemed  to  prohibit  the  continuance  of  any 
porches,  doors,  stoops,  platforms  or  steps,  which  were  here- 
tofore erected,  unless  the  same  shall  be  complained  of  to 
the  Board  of  Aldermen,  who  may  direct  their  removal  or 
alteration  within  a  reasonable  time.     (Id.,  sec.  183.) 

This  section,  with  verbal  changes,  such  as  the  substitution  of 
Board  of  Aldermen  for  the  Street  Commissioner,  has  been  con- 
tained in  every  revision  of  the  ordinances  .since  1839.  "  Porches  " 
and  "  Doors  "  are  named  as  the  earlier  ordinances  included  them 
In  the  preceding  sections  herein  referred  to. 

7.    Balustrades  and  Avmings. 

§  249.  All  persons  who  wish  hereafter  to  erect  balus- 
trades beyond  the  street  line  shall  first  obtain  permission 
from  the  Board  of  Aldermen.  (R.  O.  1897,  sec.  184,  with 
verbal  changes.) 

§  250.  No  balustrade  shall  hereafter  be  erected,  except- 
ing from  the  second  story  of  any  house;  nor  shall  it  project 
more  than  one-twentieth  of  the  width  of  the  street  wherein 
it  may  be  erected,  nor  more  than  three  feet  in  any  case 
whatever.     (Id.,  sec.  185.) 

§  251.  None  but  iron  braces  and  railings  shall  be  used 
for  balustrades;  the  strength  and  firmness  shall  be  tested 
by  the  Superintendent  of  Buildings;  and  in  case  he  objects 
to  the  strength  of  the  same,  it  shall  be  made  as  he  shall 
direct  or  be  removed,  under  the  penalty  of  five  dollars  per 
day.     (Id.,  sec.  186.) 

§  252.  Awnings  of  tin  or  other  light  metal  or  canvas  may 
be  erected  across  the  sidewalk  of  any  of  the  streets  of  the 
Borough  of  Manhattan  except  Broadway,  Fifth  avenue,  Madi- 
son avenue  and  the  Bowery  and  those  parts  of  Lexington 
avenue  which  are  distant  200  feet  from  any  intersecting 
cross  street  upon  which  a  surface  car  is  operated,  provided 
any  and  every  awning  shall  not  be  higher  than  the  floor 
of  the  second  story  of  the  building,  the  first  floor  being  the 
ground  floor,  but  in  no  case  to  be  covered  with  wood;  and 
every  such  awning  that  may  be  built  on  Lexington  avenue 
shall  be  constructed  of  steel  with  glass  roof,  and  every 
awning  or  water  shed  of  any  kind  covering  one-half  or  more 
than  one-half,  or  less  than  the  full  width  of  the  sidewalk 
shall  have  connected  therewith  a  gutter  and  leader  of 
material  and  size  sufficient  for  conducting  the  water  from 


50  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

the  same  to  the  outer  line  of  the  curbstone;  a  penalty  of 
five  dollars  for  each  day  such  awning  or  water  shed  shall 
remain  without  such  appurtenances  to  be  imposed.  (Id., 
sec.  189,  with  verbal  changes.) 

Awnings  in  the  city  streets  have  been  the  subject  of  several 
adjudications.  By  section  50  of  the  Greater  New  York  Charter 
(L.  1901,  chap.  466)  the  Board  of  AJdermen  is  given  power  to 
•'  regulate  the  use  of  the  streets  for  »  •  ♦  awnings,  awning- 
posts,"  etc.  While  the  Charter  says  there  shall  be  no  "  permanent 
obstructions  "  in  the  streets,  this  has  been  held  not  to  apply  to 
awnings  where  authorized  expressly,  and  the  public  authorities 
will  be  restrained  from  tearing  down  an  awning  built  in  con- 
formity with  the  ordinances.  Hoey  vs.  Gilroy,  129  N.  Y,  132.  Even 
though  an  awning  may  have  stood  longer  than  twenty  years,  if 
not  erected  in  accordance  with  the  law,  the  municipal  authorities 
may  remove  it.  Simis  vs.  Brookfield,  13  Misc.  569.  For  such  an  one 
Is  a  nuisance  which  the  public  authorities  have  no  power  to 
permit.  Farrell  vs.  New  York,  20  St.  Rep.  12;  afCd.  22  St.  Rep. 
469,  The  public  sidewalks  are  held  in  trust  for  the  use  of  the 
public  and  awnings  for  private  parties  cannot  be  permitted 
thereon  where  they  unreasonably  create  a  nuisance  (1873).  Trenor 
vs.  Jackson,  16  Abb.  Pr.  N.  S.  115.  An  awning,  although  erected 
under  a  permit  from  the  municipal  authorities,  must  not  interfere 
with  the  adjacent  owner  in  his  reasonable  enjoyment  of  his  prop- 
erty.   Lavery  vs.  Hanigan,  52  Super.  Ct.  (20  J.  &  S.)  463. 

§  253.  All  awnings  erected  hereunder,  or  under  and  pur- 
suant to  this  section,  shall  be  erected  only  with  the  consent 
and  subject  to  the  supervision  of  the  President  of  the 
Borough  wherein  such  awnings  are  to  be  erected.  (Ord. 
app.  Nov.  10,  1905.) 

§  254.  Any  person,  firm  or  corporation  erecting  any 
awning  hereunder  shall  be  liable  for  all  loss  or  damage 
that  may  happen  or  come  by  reason  of  the  erection  and 
maintenance  of  such  awning.     (Id.,  sec.  2.) 

§  255.  Nothing  herein  contained  shall  be  construed  to 
prevent  the  revocation  by  the  Board  of  Aldermen  of  the 
license  to  erect  any  awning  hereunder.     (Id.,  sec.  3.) 

§  256.  Iron  posts  for  awnings  erected  in  any  street  in 
this  city  shall  be  well  and  securely  braced  from  the  build- 
ing with  wrought-iron  rails  or  rods  at  least  one  inch  in 
diameter,  in  the  proportion  of  one  brace  for  every  post. 
(R.  O.  1897,  sec.  188.) 

§  257.  All  posts  fixed  in  any  street  for  the  purpose  of 
supporting  any  awning  shall  be  of  iron  not  exceeding  six 
inches  in  diameter,  and  the  rail  crossing  the  same  shall  also 
be  of  iron;  the  said  posts  shall  be  placed  next  to  and  along 
the  inside  of  the  curbstone,  and  the  cross  rail,  which  is 
intended  to  support  the  awning,  shall  not  be  less  than 
eight  nor  more  than  ten  feet  in  height  above  the  sidewalk, 
and  the  said  cross-rail  shall  be  strongly  secured  to  the 
upright  posts.  No  portion  or  part  of  any  canvas  or  cloth, 
or  tin,  or  other  light  metal  used  as  an  awning,  shall  hang 
loosely  or  project  upward  or  downward  from  the  same 
over  any  sidewalk  or  footpath,  under  a  penalty  of  ten 
dollars  for  each  day's  offense.     (Id.,  sec.  190.) 

§  258.  It  shall  be  the  duty  of  the  President  of  the 
Borough  in  which  the  same  is  erected  to  order  and  direct 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  TORK.  57 

any  awning  post,  bracket  or  awning  which  may  be  erected 
in  any  street  in  The  City  of  New  York,  contrary  to  the  pro- 
visions of  this  ordinance,  to  be  forthwith  removed;  and 
any  person  who  shall  neglect  or  refuse  to  comply  with 
such  direction  and  order  shall  forfeit  and  pay  for  every 
such  offense  the  sum  of  ten  dollars.     (Id.,  sec.  191.) 

§  259.  Any  awoiing,  water-shed  or  curtain  attached 
thereto,  heretofore  erected  or  constructed  according  to  the 
provisions  of  any  ordinance  or  resolution  in  force  at  the 
time  shall  not  be  affected  by  the  provisions  of  the  fore- 
going ordinances.     (Id.,  sec.  192.) 

yj.   Signs  and  Showhills. 

§  260.  Signs,  showbills  and  showboards  may  be  placed  on 
the  fronts  of  buildings,  with  the  consent  of  the  owner 
thereof,  and  shall  be  securely  fastened,  and  shall  not  pro- 
ject more  than  one  foot  from  the  house  wall,  except  that 
signs  may  be  hung  or  attached  at  right  angles  to  any  build- 
ing and  extend  not  to  exceed  three  feet  therefrom  in  the 
space  between  the  second  floor  (the  ground  floor  being  con- 
sidered the  flrst  floor)  and  a  point  eight  feet  in  the  clear 
above  the  level  of  the  sidewalk  in  front  of  such  building. 
Signs  may  be  attached  to  the  sides  of  stoops,  but  not  to 
extend  above  the  railing  or  beyond  the  stoop-line  of  any 
stoop.  No  sign,  showbill  or  showboard  shall  be  placed, 
hung  or  maintained  except  as  in  this  section  prescribed, 
under  penalty  of  ten  dollars  for  each  offense,  and  a  further 
penalty  of  ten  dollars  for  each  day  or  part  of  a  day  the 
same  shall  continue.     (Id.,  sec.  198.) 

Sig-ns  have  always  been  allowed  at  a  distance  of  one  foot.  See 
Laws  and  Ordinances  1793,  p.  18. 

YII.   Exposing  Goods  for  Sale. 

§  261.  No  goods,  wares,  mechandise,  or  manufacture  of 
any  description,  shall  be  placed  or  exposed  to  show  or  for 
sale  upon  any  balustrade  that  now  is  or  hereafter  may  be 
erected  in  this  city,  under  the  penalty  of  ten  dollars  for  each 
offense.     (Id.,  sec.  196.) 

§  262.  No  person  shall  hang  or  place  any  goods,  wares  or 
merchandise,  or  suffer,  maintain  or  permit  the  same  to  be 
hung  or  placed  at  any  greater  distance  than  three,  feet  in 
front  of  his  or  her  house,  store  or  other  building,  and  not 
to  a  greater  height  than  Ave  feet  above  the  level  of  the  side- 
walk, except  goods,  wares  or  merchandise  in  process  of 
loading,  unloading,  shipment  or  being  received  from  ship- 
ment; but  at  all  times  there  shall  be  maintained  a  free 
passageway  for  pedestrians  in  the  centre  of  the  sidewalk. 
The  penalty  for  a  violation  of  this  ordinance  shall  be  five 
dollars  for  each  day's  offense.     (Id.,  sec.  197.) 

For  a  century  no  goods,  wares  or  merchandise  could  be  hung 
in  the  street  more  than  one  foot  beyond  the  house  line.    (Law  an4 


58  CODE  OF  OEDINANCES  OF  THE  CITY  OF  NEW  YOBK. 

Ordinance  1793,  p.  17,  and  subsequent  revisions.)  But  this  was 
gradually  enlarged  by  ord.  of  April  8,  1884;  Sept.  9,  1889;  March  29. 
1894,  and  Dec.  7,  1896.  While  goods  may  be  placed  on  the  sidewalk 
in  process  of  shipment,  this  must  be  temporary  only  and  not 
amount  to  a  virtual  appropriation  of  the  sidewalk  to  a  private 
owner's  use.  Callanan  vs.  Gilman,  107  N.  Y.  360.  Permits  cannot 
be  given  to  display  goods  and  merchandise  on  the  sidewalk.  Peo- 
ple vs.  Willis,  9  App.  Div.  214. 

Tin.   Show-cases,  Barber-poles,  Illuminated  Signs,   Ornamental 
Lamps,  Drop-awnings,  Storm^doors,  Stairways  and  Hoistways. 

§  263.  Show-cases  may  be  placed  in  areas  or  on  the  side- 
walk within  the  stoop-lin£,  in  front  of  any  building-,  by  or 
with  the  consent  of  the  occupant  of  the  ground  floor 
thereof,  but  not  beyond  five  feet  from  the  house  line  or 
wall  of  any  building  where  the  stoop-line  extends,  further 
and  provided,  also,  that  no  such  show-case  shall  be  more 
than  five  feet  in  height,  three  feet  in  length,  and  two  feet 
in  width,  nor  shall  be  so  placed  as  to  interfere  with  the 
free  access  to  the  adjoining  premises,  and  all  such  show- 
cases shall  be  freely  movable. 

Goods  when  exhibited  shall  not  be  placed  more  than  three 
feet  from  the  building  linje,  and  not  to  a  greater  height  than 
five  feet  above  the  level  of  the  sidewalk. 

Barber-poles  not  exceeding  five  feet  in  height,  and  other 
emblematic  signs  may  be  placed  within  the  stoop-lines,  or 
fastened  to  the  railing  of  any  stoop,  under  the  same  condi- 
tions as  to  dimensions,  consent,  etc.,  as  hereinabove  provided 
for  show-cases. 

Ornamental  lamps  and  illuminated  signs  may  be  placed 
on  the  stoop  of  any  building  by  the  owner  of  such  building, 
and  upon  or  wdthin  the  stoop-line  by  the  occupant  of  the 
ground  floor  of  any  premises. 

Drop-avmings,  vvdthout  vertical  supports,  are  permitted 
within  the  stoop-lines,  but  in  no  case  to  extend  beyond  six 
feet  from  the  house-line,  and  to  be  at  least  six  feet  in  the 
clear  above  the  sidewalk. 

Storm-doors  not  exceeding  ten  feet  in  height,  nor  more 
than  two  feet  wdder  than  the  doorway  or  entrance  of  any 
building,  may  be  temporarily  erected  within  the  stoop-lines, 
but  in  no  case  to  extend  more  than  six  feet  outside  the 
house-line.  No  structure  under  the  name  of  "  storm-door  " 
shall  be  lawful  which  shall  practically  be  an  extension  of 
the  building  front  or  house  front  within  the  stoop-line,  or 
an  enlargement  of  the  ground  floor  of  any  premises. 

Stairways  may  be  constructed,  but  not  at  a  greater  dis- 
tance than  four  feet  from  the  house-wall  of  any  building. 
Hoistways  may  be  placed  wdthin  the  stoop-lines,  but  in  no 
case  to  extend  beyond  five  feet  from  the  house-line,  and 
shall  be  guarded  by  iron  railings  or  rods  to  prevent  acci- 
dents to  passers-by.     (R.  O.  1897,  sec.  199.) 

These  were  originally  authorized  by  ord.  March  30,  1886,  sec.  2, 
as  amend,  by  res.  app.  June  22,  1896.  Show-cases  maintained 
without  permission  are  a  nuisance.     Wells  vs,   Brooklyn,  9  App. 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  59 

Div.  61.  They  cannot  be  allowed  six  feet  from  the  stoop-line. 
People  ex  rel.  Le  Boutillier  vs.  New  York,  Daily  Reg.  April  23, 
1884.  Their  removal  by  the  authorities  may  be  compelled  by  man- 
damus. People  ex  rel.  Bentley  vs.  Mayor,  18  Abb.  N.  C.  123; 
People  ex  rel.  O'Reilly  vs.  Mayor,  etc.,  N.  Y.,  59  How.  Pr.  277. 
Injunction  has  also  been  granted.  Hallock  vs.  Schreyer,  33  Hun, 
111;  Ely  vs.  Campbell,  59  How.  Pr.  333. 

As  to  storm-doors,  see  Kiernan  vs.  Newton,  20  Abb.  N.  C.  398. 
In  an  application  for  an  injunction  to  restrain  the  public  authori- 
ties from  tearing  down  a  storm-door,  the  burden  is  on  plaintiff 
to  show  he  is  there  lawfully.  Kirkpatrick  vs.  City  of  New  York, 
Amend,  J.,  N.  Y.  Law  Journal,  Dec.  3,  1903. 

§  264.  All  privileges  w^hich  may  be  exercised  under  the 
provisions  of  the  last  preceding  section  shall  be  wdthout 
expenses  or  charge  to  the  city,  and  are  conferred  only  during 
the  pleasure  of  the  Board  of  Aldermen,  w^ho  may  at  any 
time  alter,  amend  or  repeal  said  section.  The  penalty  for 
a  violation  of  any  of  the  provisions  of  said  last  preceding 
section  shall  be  not  to  exceed  ten  dollars  for  each  and  every 
day  such  violation  shall  continue.     (Id.,  sec.  200.) 

IX,   Obstructing  and  Injuring  Walks. 

§  265.  No  person  shall  lead,  drive  or  ride  any  horse,  or 
horse  and  cart,  or  drag  any  wheel  or  hand  barrow,  or  saw 
any  wood,  upon  any  footpath  or  sidewalk,  under  the  penalty 
of  five  dollars  for  each  offense.     (R.  O.  1897,  sec.  208.) 

§  266.  No  owner  or  occupant  of  any  store  or  house  shall 
permit  or  suffer  any  cart  or  other  wheel  carriage  to  be 
driven  or  otherwise  to  pass  or  go  over  or  upon  the  footpath 
or  sidewalk  opposite  to  such  house  or  store,  for  the  purpose 
of  loading  or  unloading  such  cart  or  other  wheel  carriage,  or 
for  any  other  purpose  whatever,  under  the  penalty  of  five 
dollars  for  each  offense.     (Id.,  sec.  210.) 

§  267.  If  any  cartman  or  other  person  shall  break  or 
otherwise  injure  any  footpath  or  sidewalk,  he  or  they  shall, 
within  twenty-four  hours  thereafter,  cause  the  same  to  be 
well  and  sufficiently  repaired  and  mended,  under  the  penalty 
of  ten  dollars.     (Id.,  sec.  211.) 

§  268.  No  person  shall  obstruct  the  walks  laid  across  the 
public  streets  or  at  the  head  of  the  public  slips  in  The  City 
of  New  York,  by  placing  or  stopping  his  horse,  cart,  or  other 
carriage  upon  or  across  any  of  the  said  walks,  or  by  placing 
or  pitting  any  other  obstruction  or  other  thing  across  or 
on  the  same,  under  the  penalty  of  five  dollars  for  each 
offense.    (Id.,  sec.  212.) 

X.   Moving  Buildings. 

§  269.  The  Borough  President  in  each  borough  shall  and 
hereby  is  authorized  to  grant  permits  for  moving  buildings 
through  and  across  the  public  highways,  taking  in  each  case 
a  proper  bond  to  secure  The  City  of  New  York  against  loss 
or  damage  incident  to  said  moving.  (Amend,  by  ord.  app. 
Dec.  3,  1906,  infra.) 


60  CODE  OF  OEDINANCES  OF  THE  CITY  OF  NEW  YOEK. 

XI.  Protecting  Street  Pavement. 

§  270.  In  no  case  shall  buildings  material  be  placed  upon, 
or  mortar,  cement  or  other  material  mixed  upon  the  pave- 
ment of  a  street  paved  with  asphalt,  asphalt  block  or  wood, 
except  a  permit  be  issued  by  the  Boroug-h  President  having 
jurisdiction,  which  permit  shall  contain  a  provision  that 
such  pavement  be  protected  by  first  laying  planks  thereon. 

Any  person,  firm  or  corporation  violating  any  provision 
of  this  ordinance  shall  be  deemed  guilty  of  a  minor  offense 
and  upon  conviction  thereof  by  any  magistrate,  whether 
upon  confession  of  the  party  or  competent  testimony,  shall 
be  punished  by  a  fine  not  exceeding  ten  dollars  for  each 
offense,  and  in  default  of  payment  of  such  fine  by  imprison- 
ment not  exceeding  ten  days. 

It  shall  be  the  duty  of  the  President  of  the  Borough  or 
Park  Commissioner,  as  the  case  may  be  when  issuing  per- 
mits to  builders  and  others  to  use  the  streets,  to  insert  in  said 
permits  a  provision  requiring  compliance  with  this  ordinance. 
(Ord.  app.  Dec.  18,  1905.) 

XII.  ProhiUting  the  Throwing  of  Fruit  Skins,  Etc.,  on  Walks. 

§  271.  Any  person  who  shall  cast,  throw  or  deposit  on 
any  sidewalk  or  crosswalk  in  any  street,  avenue  or  public 
place  within  the  corporate  limits  of  The  City  of  New  York^ 
any  part  or  portion  of  any  fruit  or  vegetable  or  other  sub- 
stances, which,  when  stepped  upon  by  any  person,  is  liable 
to  cause,  or  does  cause,  him  or  her  to  slip  or  fall,  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  on  conviction  thereof 
before  any  magistrate,  shall  be  punished  by  a  fine  of  not 
less  than  one  dollar  nor  more  than  five  dollars,  or  in  default 
of  the  payment  of  such  fine,  by  imprisonment  not  less  than 
one  day  nor  more  than  ten  days,  at  the  discretion  of  the 
court.     (R.  O.  1897,  sec.  216.) 

§  272.  The  proprietor  of  every  store,  stand  or  other  place 
where  fruit,  vegetable  or  other  substances  mentioned  in 
section  1  of  this  ordinance  are  sold,  shall  keep  suspended 
therein  or  posted  thereon,  in  some  conspicuous  place,  con- 
stantly, a  copy  of  this  ordinance,  printed  in  large  type,  so 
that  persons  purchasing  any  such  fruit,  vegetable  or  other 
substance  may  become  aware  of  its  provisions;  and  every 
such  proprietor  or  agent  refusing  or  neglecting  to  comply 
with  the  provisions  of  this  section  shall  be  deemed  guilty 
of  a  misdemeanor,  and  on  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  five  dollars  for  such  neglect,  or,  in  default 
of  payment  thereof,  by  imprisonment  not  to  exceed  ten  days, 
at  the  discretion  of  the  court.  The  Commissioners  of  Police 
are  hereby  required  to  enforce  rigidly  the  provisions  of  this 
ordinance.    (Id.,  sec.  217.) 

XIII.   Use  of  Tan-Bark  on  Streets. 

§  273.  The  Mayor  or  any  Alderman,  the  Department  of 
Health,  the  Commissioner  of  Police,  the  Inspector  or  Police 


CODE  OF  ORDINANCES  OF  THE  CITY  OP  NEW  YORK.  61 

Captain  assigned  to  the  precinct  in  which  said  premises  are 
situated,  upon  application,  shall  grant  permission  to  lay  tan- 
bark  in  the  carriageway  in  front  of  any  premises  occupied 
by  any  sick  or  convalescent  person  or  persons,  to  the  extent 
of  500  feet  in  any  direction  from  said  premises,  providing 
all  expenses  of  placing  and  removing  the  bark  be  paid  for 
by  the  person  making  such  application.  The  bark  so  placed 
in  any  street  shall  be  removed  upon  the  order  of  the  Com- 
missioner of  Street  Cleaning  within  five  days  after  the 
recovjBry  or  death  of  such  sick  or  convalescent  person,  and 
upon  failure  or  neglect  to  comply  with  such  order,  then  it 
ehall  be  removed  by  the  said  Commissioner  of  Street  Clean- 
ing, who  shall,  if  necessary,  sue  for  and  recover  the  cost  of 
such  reanoval  in  the  manner  now  provided  for  the  collection 
of  fines  for  violation  of  the  ordinances  of  the  city.  (Id.,  sec. 
218.) 

Article  XI.—  Surveyors. 

§  274.  There  shall  be  so  m.any  Surveyors  appointed  for 
this  city  as  the  Board  of  Aldermen  shall  from  time  to  time 
think  proper.     (R.  O.  1897,  sec.  259,  in  paj-t.) 

§  275.  The  City  Surveyors  so  to  be  appointed,  before  they 
respectively  enter  upon  the  execution  of  said  office,  shall 
take  an  oath  well  and  truly  to  execute  the  same.  (Id.,  sec. 
200.) 

§  276.  Whenever  in  the  proper  administration  of  the  duties 
of  his  office,  the  President  of  any  borough  in  this  city  may 
require  the  services  of  a  City  Surveyor  in  laying  out  and 
regulating  streets  and  roads  in  said  city,  making  maps  and 
surveys  for  street  opening  proceedings,  laying  out  and  sur- 
veying grounds  for  the  purpose  of  building  thereupon,  and 
to  advise  and  direct  concerning  the  same,  he  shall  have  the 
authority  to  employ  such  one  of  the  City  Surveyors  as  he 
may  designate  for  that  purpose.  (Id.,  sec.  266,  with  verbal 
changes.) 

§  277.  The  City  Surveyors  employed  by  any  Borough 
President  shall  receive  compensation  therefor  as  follows, 
nor  shall  any  Surveyor's  bill  be  paid  unless  the  same  be 
first  certified  by  the  Borough  President  so  employing  him: 

For  a  preliminary  survey  in  regulating  a  street  or  avenue 
or  for  making  a  country  road,  for  the  first  line  of  levels, 
three  cents  per  linear  foot  measuring  through  the  centre 
of  the  street,  avenue  or  road,  and  for  each  additional  line 
of  levels,  one  cent  per  linear  foot,  to  be  measured  in  the 
same  manner. 

For  a  preliminary  survey  in  filling  sunken  lots,  $1.50  per 
lot  of  2,500  square  feet. 

For  grading,  when  done  alone,  five  cents  per  linear  foot, 
measuring  through  the  centre  of  the  street  or  avenue. 

For  grading  and  setting  curb  and  gutter,  when  done  under 
the  same  contract,  eight  cents  per  linear  foot,  measuring 
through  the  centre  of  the  street  or  avenue. 


62  CODE  OF  OBDINANCES  OF  THE  CITY  OF  NEW  YOEK. 

For  grading  and  setting  curb  and  gutter  and  flagging  or 
paving,  when  done  under  the  same  contract,  eleven  cents 
per  linear  foot,  measuring  through  the  centre  of  the  street 
or  avenue. 

For  setting  curb  and  gutter  alone,  three  cents  per  linear 
foot  along  the  lin£  of  the  work  done. 

For  setting  curb  and  gutter  and  flagging  or  paving,  when 
done  under  the  same  contract,  but  not  in  connection  with 
the  grading,  nine  cents  per  linear  foot,  measuring  through 
the  centre  of  the  street  or  avenue. 

For  flagging,  when  done  alone,  three  cents  per  linear  foot 
along  the  line  of  the  work  done. 

For  setting  stakes,  making  final  survey,  etc.,  in  the  filling 
of  sunken  lots,  $1.50  per  lot  of  2,500  square  feet. 

For  fencing,  including  preliminary  survey,  three  cents  per 
linear  foot. 

For  making  a  country  road,  ten  cents  per  linesar  foot, 
measuring  through  the  centre  of  the  road. 

For  establishing  a  new  grade  line,  one  cent  per  linear 
foot,  measuring  along  the  line. 

J'or  making  the  necessary  surveys  and  furnishing  all 
necessary  copies  of  damage  maps  in  street  opening  pro- 
ceedings, three  cents  per  foot,  measuring  along  the  exterior 
line  of  the  street  or  avenue  and  along  all  boundary  lines 
of  each  parcel  included  within  said  street  or  avenue  lines, 
and  for  assessment  lists  and  maps  for  street  opening  or  other 
improvements,  three  cents  per  linear  foot  of  map  front,  it 
being  understood  that  the  Surveyor  shall,  in  every  case, 
furnish  quadruple  lists  and  maps  without  additional  charge. 

A  Surveyor  employed  by  either  of  the  said  Borough  Presi- 
dents to  make  a  survey,  the  compensation  for  which  is  not 
otherwise  provided,  shall  receive  such  compensation  as  shall 
be  certified  by  the  Borough  President  so  employing  him. 
(Id.,  sec.  267,  with  verbal  changes.) 

§  278.  In  all  cases  of  street  improvements,  when  the  same 
is  required,  a  projection  or  profile  and  such  drawing  and 
calculations  shall  be  furnished  to  the  said  Borough  Presi- 
dent as  may  be  required  by  him,  without  extra  compensa- 
tion. 

A  Surveyor  shall  be  entitled  to  receive  payment  for  a 
preliminary  survey,  on  the  completion  of  the  same  to  the 
satisfaction  of  the  Borough  President  employing  him.  He 
shall  receive  payment  for  all  services  on  the  completion  of 
the  work  and  its  acceptance  by  the  Borough  President. 
(Id.,  sec.  268,  with  verbal  changes.) 

§  279.  The  amount  paid  for  any  of  the  services  men- 
tioned above,  whenever  the  same  shall  have  been  rendered 
in  relation  to  any  improvement  or  work  for  which  an  assess- 
ment may  afterward  be  made,  shall  be  included,  in  such 
assessment.     (Id.,  sec.  269.) 

§  280.  A  Surveyor  shall  be  entitled  to  receive  ten  dollars 
for  every  certificate  for  payment  to  a  contractor  on  any 


CODE  OF   OEDINANCES  OF  THE  CITY  OF  NEW  YORK.  63 

work  done  by  contract  made  upon  public  advertisement  and 
letting-,  which  shall  be  paid  by  the  Borough  President  making 
the  contract,  and  except  as  herein  otherwise  provided,  no 
Surveyor  shall  be  entitled  to  any  payment  for  a  certificate 
to  a  contractor. 

The  amount  so  paid  for  a  certificate  shall  be  deducted 
from  the  payment  to  be  made  to  the  contractor  on  account 
of  the  work  certified  to  be  done.  (Id.,  sec.  270,  with  verbal 
changes.) 

Chapter  6. —  The  Department  of  Water  Supply,  Gas  and 
Electricity. 

Article  I. —  The  Water  Register. 

§  281.  The  Water  Register  shall  on  each  day,  except  Sun- 
day of  each  week,  render  to  the  Comptroller  an  account, 
under  oath,  item  by  item,  of  all  moneys  received  by  him, 
containing  the  names  of  the  persons  from  whom  they  were 
received,  the  amounts  received  and  on  what  account,  and 
when  paid,  and  shall  thereupon  pay  over  the  amount  so 
received  to  the  Chamberlain.  (R.  O.  1897,  sec.  152,  with 
verbal  changes.) 

Article  II.—  Water  Rents. 

§  282.  The  minimum  annual  rents  and  the  special  charges 
to  be  collected  by  the  Department  of  Water  Supply,  Gas 
and  Electricity  shall  be  as  follows,  to  wit: 

One        Two        Three      Four        Five 
Front  Width.      Story.    Stories.  Stories.  Stories.  Stories. 

16  feet  and  under. .  $4  00  $5  00  $6  00  $7  00  $8  00 

16  to  18  feet 500  600  700  800  900 

18  to  20  feet 600  700  800  900  10  00 

20  to  221/2  feet 700  800  900  10  00  11  00 

221/2  to  25  feet. ...     8  00  9  00  10  00  11  00  12  00 

25  to  30  feet 10  00  1100  12  00  13  00  14  00 

30  to  371/2   feet....  12  00  13  00  14  00  15  00  16  00 

371/2  to  50  feet 14  00  15  00  16  00  17  00  18  00 

The  apportionment  of  the  regular  frontage  rates  upon 
dwelling  houses  is  on  the  basis  that  but  one  family  is  to 
occupy  the  same,  and  for  each  additional  family  one  dollar 
per  year  shall  be  charged. 

Building-  Purposes  —  Ten  cents  per  1,000  brick.  All  ma- 
sonry at  the  same  rate,  500  brick  being  equal  to  one  cubic 
yard. 

Plastering  —  Forty  cents  per  100  square  yards,  openings 
not  included. 

Baths  —  All  baths,  three  dollars  per  annum. 

Water  closets  and  urinajg^  of  every  description,  two  dollairs 
per  annum,  >*?*=f^cV'~~^ 


64     CODE  OF  OKDINANCES  OF  THE  CITY  OF  NEW  YOBK. 

One  water  closet  and  one  bath  in  each  house  supplied  free 
of  charge. 

Steam  lighters  and  tugboats,  H.  P.,  per  year $90  00 

Steam  lighters  and  tugboats,  L.  P.,  per  year 45  00 

Pile  drivers  and  hoisting  engines,  per  month 5  00 

Steam  yachts,  per  month 5  00 

All  others,  per  month 5  00 

Water  boats  supplying  shipping,  per  month 25  00 


Meter  Bates. 

Water  meters  shall  be  placed,  at  the  discretion  of  the 
Commissioner  of  Water  Supply,  Gas  and  Electricity,  for  all 
stores,  workshops,  hotels,  manufactories,  office  buildings, 
public  edifices,  on  wharves,  ferry  houses,  and  in  all  places 
where  water  is  furnished  for  business  consumption,  except 
private  dwellings;  the  charge  for  water  measured  by  meter 
to  be  ten  cents  per  100  cubic  feet. 

All  charges  not  herein  mentioned  or  fixed  are  reserved  for 
special  contract  by  and  with  the  Commissioner  of  Water 
Supply,  Gas  and  Electricity.     (Ord.  app.  April  10,  1900.) 

§  283.  All  rents  for  the  use  of  the  water  shall  be  paid  in 
advance  at  the  time  of  applying  for  the  water  and  before 
any  permit  is  issued;  to  be  calculated  up  to  the  first  day  of 
May  succeeding;  and  all  rents  shall  continue  to  be  collected 
in  advance  on  the  first  day  of  May  annually,  so  long  as  the 
contract  exists;  and  no  contract  for  the  supply  of  water 
shall  be  binding  for  a  longer  period  than  until  the  second 
succeeding  first  day  of  May  after  such  contract  is  entered 
into.    (K.  O.  1897,  sec.  153.) 

§  284.  The  supply  of  water  shall  be  cut  off  in  all  cases 
where  the  rent  is  behind  and  unpaid  ten  days.    (Id.,  sec.  154.) 

Article  III, —  The  Croton  Aqueduct, 

§  285.  No  new  works  connected  with  the  Croton  aqueduct 
shall  be  constructed,  nor  shall  any  mains  or  pipes  be  con- 
structed or  laid  down,  except  vdth  the  authority  of  the 
Board  of  Aldermen;  and  except,  also  that  in  case  of  any 
unexpected  casualty  or  damage  to  the  pipes,  reservoirs  or 
other  structures  connected  wdth  the  aqueduct,  the  Chief 
Engineer  of  the  Department  of  Water  Supply,  Gas  and  Elec- 
tricity, under  the  direction  of  the  Commissioner,  shall  take 
immediate  measures  for  the  preservation  and  repair  of  the 
same,  the  expense  of  which  shall  be  paid  on  his  requisition 
by  the  warrant  of  the  Comptroller.  (R.  O.  1897,  sec.  157, 
wnth  verbal  changes.) 

§  286.  If  any  person  shall  bathe  in,  or  go  into  the  Croton 
water  at  either  of  the  reservoirs,  or  any  part  of  the  Croton 
aqueduct,  or  shall  throw  any  stones,  chips  or  dirt,  or  any 
other  material,  substance  or  thing  whatever,  into  the  reser- 
Yoirs  or  into  the  water  or  g-ate-houses,  or  into  the  ventilf^ 


CODE  OF  ORDINANCES  OF  THE  CITY  OF   NEW  YORK.  65 

tors,  or  aqueduct  or  fountain  basins,  or  shall  in  any  manner 
injure  or  disfignre  any  part  of  the  Croton  aqueduct  works, 
he  shall  be  subject  to  a  fine  not  to  exceed  fifty  dollars,  to 
be  imposed  by  any  city  magistrate,  either  on  his  view  or  in 
a  summary  manner;  and  in  default  of  payment  of  any  fine 
so  imposed  such  city  magistrate  shall  commit  such  offender 
to  the  city  prison  for  a  i>eriod  not  to  exceed  thirty  days, 
unless  such  fine  is  sooner  paid.     (Id.,  sec.  159.) 

§  287.  In  case  any  person  shall  trespass  on  any  part  of 
the  embankment  of  the  Croton  aqueduct  reservoirs,  or  go 
or  remain  on  the  same  without  permission  of  the  proper 
persons  having  charge  of  the  same;  or  in  case  any  person 
does  not  comply  with  the  regulations  of  the  Commissioner 
of  Water  Supply,  Gas  and  Electricity,  as  to  the  times  they 
shall  leave  the  embankment  of  said  reservoirs,  or  the 
grounds  or  buildings  attached  to  said  reservoirs,  such  person 
shall  be  subject  to  a  fine  of  twenty-five  dollars,  to  be  levied 
and  collected  in  the  manner  prescribed  in  the  last  section; 
and,  in  default  of  payment,  imprisonment,  as  in  like  manner, 
not  to  exceed  twenty  days,  in  the  city  prison.  (Id.,  sec.  160, 
with  verbal  changes.) 

§  288.  No  person  or  persons,  except  the  Mayor  and  Alder- 
men of  the  respective  districts  and  the  Engineers  or  Foremen 
of  the  Fire  Department  shall,  without  previous  permission, 
in  writing  from  the  Commissioner  of  Water  Supply,  G-as 
and  Electricity,  unscrew  or  open  any  hydrant  belonging  or 
attached  to  the  Croton  aqueduct  works,  erected  for  the 
extingnishment  of  fires;  nor  shall  leave  said  fire  hydrant 
open  for  a  longer  time  than  shall  be  limited  in  said  per- 
mission; nor  shall  use  the  water  for  other  purposes  than 
may  be  mentioned  in  said  permission,  under  the  penalty  of 
not  less  than  five  dollars  nor  more  than  twenty-five  dollars 
for  each  offense,  in  the  discretion  of  the  magistrate  before 
whom  the  complaint  shall  be  made.  (Id.,  sec.  161,  with 
verbal  changes.) 

Article  lY. —  Use  of  Water. 

§  289.  All  persons  contracting  for  a  supply  of  water  shall 
pay  the  cost  of  the  materials  and  labor  used  and  expended  on 
the  streets  necessary  to  make  the  connection  with  the  con- 
duit pipes,  or  pay  such  annual  interest  thereon  as  required 
by  the  rules  and  regulations  of  the  Commissioner  of  Water 
Supply,  Gras  and  Electricity.  No  street  shall  be  opened,  or 
pipes  bored,  or  connections  made,  unless  under  the  direction 
of  the  said  Commissioner,  under  the  penalty  of  fifty  dollars 
for  each  offense.     (Id.,  sec.  158.) 

§  290.  No  person  or  persons,  except  such  as  may  be 
licensed  by  the  Commissioner  of  Water  Supply,  Gas  and 
Electricity  to  sell  water  to  shipping,  shall  take  the  water 
from  any  hydrant  or  water  connection  erected  or  to  be 
erected  in  The  City  of  New  York,  and  attached  to  the  water 
pipes,  for  the  purpose  of  using  the  same  on  any  boat,  vessel, 

5 


66  CODE  OF  ORDINANCES  OF  THE  CITY  OF   NEW  YOBK. 

barge  or  pile-driver,  or  for  the  purpose  of  selling  or  offering 
the  same  for  sale  to  the  owner  of  anj  boat,  vessel,  barge 
or  pile-driver,  without  first  having  obtained  permission  in 
writing  from  the  said  Commissioner,  under  penalty  of 
twenty-five  dollars  for  each  offense,  to  be  recovered 
against  such  person  or  persons  or  such  owner  or  owners 
of  any  such  boat,  vessel,  barge  or  pile-driver  in  an  action 
to  be  prosecuted  by  the  Corporation  Counsel.  (Id.,  sec.  162, 
with  verbal  changes.) 

§  291.  No  person  other  than  an  employee  of  the  Depart- 
ment of  Water  Supply,  Gas  and  Electricity,  or  of  the  Fire 
Department,  shall  be  permitted  to  use  the  large  or  double 
fire  hydrants  placed  throughout  the  city  for  the  use  of  the 
Fire  Department,  and  any  street  sprinkler,  sweeper  or 
cleaner  or  other  person  or  persons  not  connected  with  either 
the  Department  of  Water  Supply,  Gas  and  Electricity  or  the 
Fire  Department,  found  tampering  with  or  using  any  of  said 
hydrants,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  fined  the  sum  of  twenty-five  dol- 
lars, and  in  default  of  payment  thereof  shall  be  punished 
by  imprisonment  for  a  period  not  exceeding  ten  days.  (Id., 
sec.  163,  with  verbal  changes,  as  amend,  by  ord.  app.  Nov.  23, 
1906.) 

§  292.  The  Commissioner  of  Water  Supply,  Gas  and  Elec- 
tricity is  instructed  to  cause  the  hydrants  to  be  kept  closed, 
and  report  all  violations  of  the  laws  to  the  Corporation 
Counsel.     (Id.,  sec.  164.) 

§  293.  The  Commissioner  of  Water  Supply,  Gas  and  Elec- 
tricity shall  at  all  times  when  the  general  supply  of  water 
is  not  thereby  endangered,  permit  the  hydrants  to  be  used 
for  cleaning  the  streets,  under  the  regulation  of  said 
Commissioner.     (Id.,  sec.  165.) 

§  294.  No  person  or  persons  shall  use  the  Croton  water 
for  washing  streets,  sidewalks,  steps  or  buildings  from  May  1 
to  November  1  following  in  each  year,  after  8  a.  m.,  and 
from  November  1  to  May  1  following  after  9  a.  m.,  under 
the  penalty  of  five  dollars  for  each  offense.     (Id.,  sec.  166.) 

§  295.  Any  person  or  persons  who  shall  obstruct  the 
access  to  the  different  stop-cocks  connected  with  the  water 
pipes  by  placing  thereon  stone,  brick,  lumber,  dirt,  or  any 
other  materials,  or  who  shall  permit  any  such  materials  to 
be  placed  thereon  by  those  in  his  or  their  employ,  shall  be 
subject  to  the  penalty  of  fifty  dollars  for  each  offense,  wdth 
an  additional  sum  of  twenty-five  dollars  for  each  day  the 
same  shall  be  continued  after  notice  of  removal  shall  have 
been  served.     (Id.,  sec.  167.) 

§  296.  The  penalties  prescribed  in  this  article  shall  be 
imposed  on  the  offender  in  like  manner  as  above  provided 
in  respect  to  the  penalty  for  bathing  in  the  Croton  aqueduct; 
and  in  default  of  the  payment  the  offender  shall  be  subject 
to  like  punishment  by  imprisonment,  as  in  the  said  section 
prescribed.     (Id.,  sec.  168.) 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  67 

Article  Y. —  Lamps. 

§  297.  No  person,  without  permission  of  the  Commissioner 
of  Water  Supply,  Gas  and  Electricity,  shall  take  up,  remove 
or  carry  away  any  public  lamp-post  in  The  City  of  New 
York,  under  the  penalty  of  ten  dollars  for  each  offense. 
(Id.,  sec.  173,  with  verbal  changes.) 

§  298.  No  person  shall  remove,  or  cause  or  permit  to  be 
removed,  any  public  lamp-post  now  or  hereafter  to  be  placed 
in  front  of  their  premises  for  the  purpose  of  constructing  a 
vault  or  otherwise  without  the  permission  of  the  President 
of  the  Borough;  and  the  owner  or  owners  of  such  vault  shall 
cause  the  lamp-posts  so  removed  to  be  reset  at  their  own 
expense  immediately  upon  the  completion  of  the  vault,  under 
the  penalty  of  twenty-five  dollars  for  each  offense.  (Id.,  sec. 
174,  with  verbal  changes.) 

§  299.  No  ornamental  lamp-post  shall  hereafter  be  erected 
in  any  of  the  streets,  avenues  or  public  places  in  The  City 
of  New  York,  which  shall  exceed  in  dimensions  at  the  base 
more  than  eighteen  inches  in  diameter,  if  circular  in  form, 
and  if  upon  a  square  base,  no  side  thereof  shall  exceed 
eighteen  inches.     (Id.,  sec.  175.) 

Chapter  7. 
Title  I. —  Bureau  of  Licenses. 

§  300.  There  shall  be  a  Bureau  of  Licenses  in  and  for  The 
City  of  New  York  attached  to  the  Mayor's  olfice,  with  a  prin- 
cipal office  in  the  City  Hall  in  the  Borough  of  Manhattan, 
and  a  branch  office  in  such  other  boroughs  as  may  be 
deemed  necessary  and  be  designated  by  the  Mayor  of  said 
city,  for  the  purpose  of  issuing  and  recording  all  licenses 
authorized  by  resolution  or  ordinance  of  the  Board  of  Alder- 
men or  now  in  force  in  any  part  of  said  city.  (Ord.  app. 
Feb.  8,  1898,  sec.  1,  with  verbal  changes.) 

This  Bureau  is  the  successor  by  various  enactments  of  the  old 
"  Bureau  of  Permits,"  sec,  1  of  ord.  app.  Feb.  2,  1886,  as  limited  by- 
chap.  412,  Laws  of  1896.  The  tendency  has  been  to  make  laws 
uniform  throughout  the  entire  city,  and  to  concentrate  into  one 
bureau  the  issuing  of  all  licenses.  By  the  City  Ordinances,  1859, 
all  licenses  were  issued  by  the  Mayor  and  separate  chapters  cover 
the  different  subject-matters,  such  as  Coaches  and  Cabs,  Pawn- 
brokers, Dealers  in  Second-Hand  Articles  and  Keepers  of  Junk 
Shops,  etc.,  which  are  now  included  in  one  chapter.  When  the 
ordinances  were  revised  in  1880  a  Bureau  of  Permits  was  estab- 
lished. (R.  O.  1880,  art.  XXX.)  The  general  powers  were  further 
extended  by  L.  1887,  chap.  417,  and  L.  1888,  chap.  115,  and  L.  1896, 
chap.  36,  where  the  Board  of  Aldermen,  although  forbidden  to 
allow  obstructions  in^  the  streets  or  sidewalks,  was  expressly 
allowed  to  grant  permits  for  "  stands  within  the  stoop-lines  "  for 
certain  purposes.  See  sec.  50,  Greater  New  York  Charter,  and  notes 
under    sec.    361,    infra. 

§  301.  The  Bureau  of  Licenses  shall  consist  of  a  Chief  of 
said  Bureau,  with  such  deputies  and  assistants  as  may  be 
found  necessary  for  properly  carrying  on  the  work  of  the 
Bureau,   to   be  appointed   and  removed   at   pleasure   by    the 


68      CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

Mayor  of  said  city,  and  paid  such  compensation  as  shall 
be  fixed  and  established  by  said  Mayor.     (Id.,  sec.  2.) 

§  302.  All  licenses  issued  by  the  Bureau  of  Licenses  shall 
be  according-  to  an  established  form,  printed  with  corre- 
sponding stub  and  reg-ularly  numbered,  with  suitable  blank 
spaces  for  writing  in  this  name  and  residence  of  the  licensee, 
kind  and  class  of  license,  location  and  privileges  allowed, 
and  amount  of  fee  paid,  all  properly  bound  in  book  form. 
All  such  licenses  shall  be  duly  classified  and  recorded  in 
suitable  registers  and  fully  indexed.     (Id.,  sec.  3.) 

§  303.  All  licenses  issued  by  the  Bureau  of  Licenses  shall 
be  granted  by  the  Mayor  and  duly  issued  upon  regular 
application  to  the  Bureau  of  Licenses.  The  registers  of 
licenses  shall  be  public  records,  and  extracts  may  be  certified 
by  the  Chief  of  the  Bureau  or  the  deputy  or  assistant  in 
charge  of  a  branch  office,  for  use  as  evidence.     (Id.,  sec.  4.) 

§  304.  There  shall  be  kept  in  the  principal  office  of  said 
Bureau  and  each  and  every  branch  office  thereof  a  book 
recording  consecutively  each  license  as  issued,  showing  its 
kind  and  class,  whether  new  or  renewed,  name  of  licensee, 
regTilar  number  of  blank  form,  and  amount  of  fee  received, 
day  by  day.  A  daily  report  showing  all  of  above  details 
shall  be  made  by  each  branch  office  to  the  principal  office. 
All  moneys  received  each  day  shall  be  duly  deposited  in  a 
designated  city  depository  the  following  day.  There  shall 
also  be  kept  in  the  principal  office  of  said  Bureau  a  book 
showing  a  statement  of  all  licenses  issued  and  fees  received 
by  said  Bureau  and  its  branches,  tabulated  by  days,  months 
and  quarters  of  the  year,  and  compiled  annually.   (Id.,  sec.  5.) 

Title  II. —  The  Granting  and  Hequlation  of  Licenses. 
Article  I. —  Business  Requiring  a  License. 

§  305.  The  following  businesses  must  be  duly  licensed  as 
herein  provided,  namely,  public  cartmen,  truckmen,  hack- 
men,  cabmen,  expressmen,  drivers,  .iunk  dealers,  dealers  in 
second-hand  articles,  hawkers,  peddlers,  venders,  ticket  spec- 
ulators, coal  scalpers,  common  shows,  shooting  g-alleries, 
bowling  alleys,  billiard  tables,  dirt  carts,  exterior  hoists  and 
stands  within  stoop-lines  and  under  the  stairs  of  the  elevated 
railroad  stations.     (Ord.  app.  May  22,  1899,  sec.  1.) 

This  ordinance  covered  the  entire  field  of  licenses  and  revised 
the  whole  subject.  The  power  to  require  licenses  is  given  the 
Board  of  Aldermen  in  section  51  of  the  Greater  New  York  Charter, 
L.  1901,  chap.  466.  At  the  time  the  ordinance  was  passed,  1899, 
pawnbrokers  were  licensed  under  the  State  law.  See  L.  1883,  chap. 
339,  as  amended  by  chap.  363,  L.  1884;  chap.  240,  L.  1890,  and  chap. 
538,  L..  1893,  and  keepers  of  intelligence  offices  also  by  chap.  410, 
L.  1888,  as  amended  by  chap.  330,  L.  1891.  They  are  now  enumer- 
ated in  section  51  of  the  Charter  as  among  the  businesses  that 
may  be  licensed  by  the  city.  Stands  within  stoop-lines  may  be 
authorized  under  section  50  of  the  Charter.  The  decisions  con- 
struing the  general  subjects  in  this  chapter  are  given  under  the 
sections  relating  to  specific  business.  Penalties  for  all  violations 
of  this  and  the  subsequent  sections  to  No.  379,  Inclusive,  are 
regulated  by  section  379.    See  also  section  329. 


CODE  OF  OKDINANCES  OF  THE  CITY  OF  NEW  YOEK.  69 

§  306.  No  person  shall  eng-age  in  or  carry  on  any  such 
business  without  a  license  therefor  under  a  penalty  of  not 
less  than  two  dollars,  nor  more  than  twenty-five  dollars 
for  each  oJBfense,  and  for  the  purposes  of  this  ordinance  the 
term  person  shall  include  any  human  being  or  lawful  asso- 
ciation of  such.     (Id.,  sec.  2.) 

There  can  be  no  doubt  of  the  general  power  of  a  municipal  cor- 
poration to  regulate  and  control  the  occupations  referred  to.  The 
courts  have  even  gone  so  far  as  to  hold  that  where  a  license  is 
required  of  a  business,  one  who  engages  in  that  business  without 
a  license  may  not  recover  the  value  of  goods  sold  or  services 
rendered.  Ferdon  vs.  Cunningham,  20  How.  Pr.  154;  Best  vs. 
Bauder,  29  How.  Pr.  489;  but,  se3  Miller  vs.  Burke,  6  Daly,  171, 
affd.  68  N.  Y.  615;  see  cases  under  specific  subjects,  infra. 

Article  II. —  Licenses  and  License  Fees. 

§  307.  All  licenses  shall  be  granted  by  authority  of  the 
Mayor  and  issued  by  the  Bureau  of  Licenses  for  a  term  of 
one  year  from  the  date  thereof,  unless  sooner  suspended 
or  revoked  by  the  Mayor,  and  no  person  shall  be  licensed 
except  a  citizen  of  the  United  States  or  one  who  has 
regularly  declared  intention  to  become  a  citizen. 

The  Mayor  shall  have  power  to  suspend  or  revoke  any 
license  or  permit  issued  under  the  provisions  of  this  ordi- 
nance. The  Mayor  shall  also  have  power  to  impose  a  fine 
of  not  more  than  five  dollars  or  less  than  one  dollar  for 
any  violation  of  the  regTilations  herein  provided,  and  to 
suspend  the  license  pending  payment  of  such  fine,  which, 
when  collected,  shall  be  paid  into  the  sinking  fund  for  the 
redemption  of  the  city  debt.     (Id.,  sec.  3.) 

§  308.  The  annual  license  fees  shall  be  as  below 
enumerated: 

For  each  public  cart  or  truck $2  00 

For  each  public  hack  coach 3  00 

For  each  public  hack  cab 2  00 

For  each  special  hack  coach 5  00 

For  each  special  hack  cab 3  00 

For  each  express  wagon 5  00 

For  each  junk  shop  or  dealer 20  0^ 

For  each  dealer  in  second-hand  articles 25  00 

For  each  junk  cart  or  boat 5  00 

For  each  peddler  using  horse  and  wagon 8  00 

For  each  peddler  using  push  cart 4  00 

For  each  peddler  carrying  merchandise 2  00 

For  each  ticket  speculator 50  00 

For  each  coal  scalper 250  00 

For  each  common  show 25  00 

For  each  public  shooting"  gallery 5  00 

For  each  public  bowling  alley 5  00 

For  each  public  billiard  table 3  00 

For  each  dirt  cart 1  00 

For  each  general  hoisting 25  00 

For   each   special  hoisting 100 


70  CODE  OF  ORDINANCES  OF  THE  CITY   OF  NEW   YORK. 

For  each  fruit  or  soda  water  stand,  or  both 10  CO 

For  each  newspaper  or  periodical  stand,  or  both,  and 

in  addition  also  fmit  or  soda  water,  or  both 15  00 

For  each  movable  newspaper  stand 1  00 

For  each  newspaper  and  periodical  stand,  or  both..  5  00 

For  each  chair  of  a  bootblack  stand. 5  00 

For  each  stand  under  elevated  railroad  stations....  10  00 

For  each  driver  of  any  licensed  vehicle 50 

(Id.,  sec.  4.) 

§  309.  Any  license,  before  its  expiration  or  within  thirty 
days  thereafter,  may  be  renewed  for  another  term,  upon 
payment  of  one-half  the  license  fee  above  designated 
therefor. 

All  licenses  in  force  when  this  ordinance  takes  effect  for 
any  business  enumerated  above  may  be  renewed  under  the 
foreg-oing  provisions  regulating  renewals  of  licenses  here- 
under issued.     (Id.,  sec.  5.) 

Article  III. —  Special  Regulations  and  Rates. 
I.  Public  Carts  and  Cartmen. 
§  310.  Every  vehicle,  of  whatever  construction,  drawn  by 
animal  power  or  propelled  by  other  motive  power,  which 
shall  be  kept  for  hire  or  used  to  carry  merchandise,  house- 
hold furniture  or  other  bulky  articles  vsdthin  The  City  of 
New  York  for  pay,  shall  be  deemed  a  public  cart,  and  the 
owner  thereof  shall  be  deemed  a  public  cartman.    (Id.,  sec.  6.) 

An  ordinance  requiring  a  license  to  be  taken  out  where  trucks 
are  used  for  hire  was  held  valid  in  City  of  Brooklyn  vs.  Breslin, 
57  N.  Y.  591.  And  it  has  been  held  that  where  a  license  was 
required,  unless  one  was  taken  out,  the  driver  or  owner  of  carts 
and  trucks  used  for  public  hire  could  not  recover  for  services 
actually  rendered.    Ferdon  vs.  Cunningham,  20  How.  Pr.  154. 

§  311.  Every  public  cart  shall  show  on  each  outside 
thereof  the  words  "  Public  Cart "  or  the  letters  "  P.  C," 
together  with  the  figures  of  its  official  number.     (Id.,  sec.  7.) 

§  312.  The  amount  to  be  charged  for  loading,  transport- 
ing or  transmitting  and  unloading,  may  be  agreed  ii])(>n  in 
advance,  and  such  a  contract  shall  regulate  and  control  the 
employment.     (Id.,  sec.  8.) 

§  313.  The  legal  rates  for  moving  household  furniture, 
unless  otherwise  mutually  agreed,  shall  be  as  follows: 

For  a  single  truck  load,  within  two  miles $2  00 

For  every  additional  truck  load,  within  two  miles 50 

For  loading,  unloading  and  housing  to  ground  floor,  50 

For  each  flight  of  stairs,  up  or  down 25 

For  a  double  truck  load,  within  two  miles 3  00 

For  every  additional  mile  or  part  thereof 1  00 

For  loading,  unloading  and  housing  to  ground  floor,  50 

For  every  flight  of  stairs,  up  or  down 50 

(Id.,  sec.  9.) 


CODE  OF  ORDINANCES  OF  THE  CITY  OF   NEW  YORK.  71 

§  314.  Every  public  cartman  shall  be  entitled  to  be  paid 
the  leg-al  rate  of  compensatioii  herein  provided  immediately 
after  the  transportation  and  before  actual  delivery,  and  in 
default  of  such  payment  to  retain  a  load  or  part  thereof 
sufficient  to  secure  charges,  and  convey  the  same  promptly 
to  the  Property  Clerk  of  the  Police  Department,  or  to  a 
convenient  storage  w^arehouse,  where  the  same  may  be  left 
on  storage,  subject  to  all  charges  incurred,  including  cart- 
age  to  place  of  deposit.  A  notice,  in  writing,  with  a  brief 
statement  of  particulars,  shall  be  sent  at  once  by  the  cart- 
man  to  the  Bureau  of  Licenses.     (Id.,  sec.  10.) 

II.  Drivers  of  Licensed  YeJiicles. 

§  315.  Every  person  driving  a  licensed  hack  or  express, 
other  than  the  person  named  in  the  license  therefor,  shall 
be  licensed  as  such  driver,  and  every  application  for  such 
license  shall  be  indorsed,  in  writing,  by  two  reputable  resi- 
dents of  The  City  of  New  York  certifying  to  the  competence 
of  the  applicant.     (Id.,  sec.  55.) 

III.  Public  Hacks  and  Hackmen. 

§  316.  Any  vehicle  kept  for  hire  shall  be  deemed  a  public 
hack  and  a  vehicle  intended  to  seat  two  persons  inside  shall 
be  deemed  a  cab,  and  a  vehicle  intended  to  seat  four  per- 
sons inside  shall  be  deemed  a  coach,  and  the  term  hackman 
shall  be  deemed  to  include  owner  or  driver,  or  both.  (Ord. 
app.  Nov.  2,  1905,  sec.  1.) 

But  a  hotel  omnibus  conveying  gxiests  of  a  hotel  to  and  from 
station  free  of  charge  is  not  a  "  public  conveyance."  City  of 
Oswego  vs.  Collins,  38  Hun,  171. 

§  317.  None  but  licensed  hacks  shall  use  the  designated 
public  hack  stands  in  the  city.  The  owner  jf  any  hack  not 
intended  to  use  the  public  stands  and  having  the  written 
consent  of  the  owner  or  lessee  of  the  premises,  in  the  dis- 
cretion of  the  Mayor  or  the  Chief  of  the  Bureau  of  Licenses, 
may  be  specially  licensed  and  permitted  to  use  temporarily 
a  portion  of  the  street  in  front  of  said  premises  as  a  stand, 
and  shall  be  confined  to  carrying  passengers  from  said 
premises.     (Id.,  sec.  2.) 

The  power  of  the  Mayor  to  license  vehicles  in  general  is  dis- 
cretionary, as  the  object  of  the  ordinance  is  not  so  much  to  raise 
a  tax  as  to  preserve  good  order.  People  vs.  Mayor,  etc.,  of  New- 
York,  7  How.  Pr.  81.  No  permit  could  be  granted  for  hacks  to 
stand  in  front  of  private  property,  or  other  than  general  public 
hack  stands,  without  the  consent  of  the  owner  of  the  property 
affected.  McCaffrey  vs.  Smith  (village  of  Saratoga),  41  Hun,  117. 
But  where  the  owner  consents  and  there  is  no  nuisance  created 
hackmen  may  reasonably  use  the  public  highway  (Holland  House 
and  Waldorf).  People  ex  rel,  Thompson  vs.  Brookfield,  6  App. 
Div.  398.  And  a  party  having  a  special  license  to  stand  in  front 
of  a  restaurant  and  hotel  (Rector's)  may  enjoin  others  from  using 
It  as  a  hack  stand.  Odell  vs.  Bretney,  62  App.  Div.  595,  93  App,  Div. 
607,  But  to  justify  issuing  such  a  special  license  there  must  be  a 
special  necessity  for  its  issuance,  Odell  vs,  Bretney,  38  Misc,  603. 
Where  a  livery  stable  keeper  in  New  Jersey  sends  cabs  to  Brooklyn 
to  meet  transatlantic  steamers  no  license  is  required.    City  of  New 


72  CODE  OF  ORDINANCES  OI'  THE  CITY  OF  NEW  YOBK. 

York  vs.  Hexamer,  59  App.  Div.  4.  A  hackman  has  no  power  to 
carry  on  his  business  in  the  public  streets  where  it  is  forbidden. 
People  vs.  Commissioner  of  Saratoga  Springs,  90  App.  Div.  555, 

§  318.  No  hackney  coach,  carriag-e  or  cab,  v^^hich  shall  be 
specially  licensed  by  virtue  of  the  provisions  of  this  ordi- 
nance shall  make  use  or  come  upon  any  stand  that  is  now 
or  may  be  hereafter  designated  as  a  hackney  coach  stand, 
or  at  anj'^  other  place  in  The  City  of  New  York,  except  in 
front  of  or  adjacent  to  any  hotel  or  hotels,  or  at  any  other 
place  which  may  be  designated  by  the  Mayor,  and  which 
may  be  used  as  a  stand,  with  the  approval  and  consent  of 
the  persons  occupying*  the  premises  in  front  of  which  said 
coaches,  carriag-es  or  cabs  are  to  be  permitted  and  allowed 
by  the  authority  of  the  Mayor,  as  aforesaid,  provided  that 
the  owner  or  driver  of  any  such  coach,  carriag-e  or  cab  shall 
not  solicit  nor  take  any  passeng-er  or  passeng-ers  on  the 
streets,  but  shall  confine  themselves  solely  to  and  for  the 
use  of  the  guests  of  said  hotel  or  hotels.  (Id.,  sec.  3,  with 
verbal  changes.) 

This  was  sustained  as  to  the  Hotel  Imperial  fu  City  of  New 
York  vs.  Reesing,  38  Misc.  129,  aftd.  in  77  App.  Div.  417. 

§  319.  The  legal  rates  of  fare,  of  which  an  official  copy 
shall  be  furnished  by  the  Bureau  of  Licenses  and  carried 
by  every  licensed  hackman,  shall  be  as  follows: 

Mileage  rates  charged  for  general  driving: 

Cabs  — 

For  one  mile  or  any  part  thereof $0  50 

For  each  additional  half  mile  or  part  thereof 25 

For  any  stop  over  five  minutes  in  a  trip,  for  every 

fifteen  minutes  or  fraction  thereof 2;"j 

Coaches  — 

For  one  mile  or  any  part  thereof 1  00 

For  each  additional  half  mile  or  any  part  thereof...  50 

For  every  stop  over  five  minutes  in  a  trip,  for  every 

fifteen  minutes  or  fraction  thereof 40 


Hourly  Rates. —  These  hourly  rates,  except  by  special 
agreement,  are  to  apply  only  to  shopping  or  calling  and 
shall  not  include  park  or  road  driving,  nor  driving  for  more 
than  three  miles  from  the  starting  point: 

Cabs  — 

For  one  hour  or  any  part  thereof $1  00 

For  each  additional  half  hour  or  part  thereof 50 

Coaches  — 

For  one  hour  or  any  part  thereof 1  50 

For  each  additional  half  hour  or  any  part  thereof..  75 

For  driving  around  Central  Park  the  charge  shall  be  three 
dollars,  where  the  starting  point  is  between  Twenty-third 


CODE  OF  OBDINANCES  OF  THE  CITY  OF  NEW  YORK.  73 

street  and  One  Hundred  and  Thirty-fifth  street;  if  the 
starting-  point  is  below  Twenty-third  street,  or  north  of 
One  Hundred  and  Thirty-fifth  street,  an  additional  charge 
of  fifty  cents,  for  each  mile  or  fraction  thereof,  shall  be 
paid. 

For  driving-  around  Central  Park  and  Riverside  Drive, 
where  the  starting-  point  is  between  Twenty-third  street 
and  One  Hundred  and  Thirty-fifth  street,  the  charge  shall 
be  four  dollars;  if  the  starting-  point  is  below  Twenty-third 
street  or  north  of  One  Hundred  and  Thirty-fifth  street,  an 
additional  charge  of  fifty  cents  for  each  mile  or  fraction 
thereof  shall  be  paid. 

On  all  park  drives  one-half  hour  shall  be  allowed  for 
sight-seeing,  without  extra  compensation.     (Id.,  sec.  4.) 

§  320.  Ferriage  and  bridge  tolls  in  all  cases  to  be  paid  by 
the  parties  using  the  vehicles.     (Id.,  sec.  5.) 

§  321.  Twenty  blocks  north  and  south  to  constitute  a 
mile;  seven  blocks  between  the  numbered  and  lettered  ave- 
nues will  be  deemed  a  mile,  as  from  Avenue  B  to  Sixth  ave- 
nue or  from  Second  avenue  to  Ninth  avenue.     (Id.,  sec.  6.) 

§  322.  Every  hack  shall  be  provided  with  a  suitable  lamp 
on  each  side  and  shall  have  securely  fastened  across  the 
middle  of  the  outside  of  each  lamp  a  metal  band  not  less 
than  two  inches  in  width,  out  of  which  the  official  number 
of  the  licecise  shall  be  cut  after  the  manner  of  a  stencil 
plate,  the  component  figures  of  such  number  to  be  not  less 
than  one  and  one-half  inches  in  height,  and  the  style  of  the 
whole  to  be  approved  by  the  Mayor  or  Chief  of  the  Bureau 
of  Licenses.  Every  licensed  hack  shall  have  the  official 
number  of  the  license  legibly  engraved  or  embossed  upon 
a  metal  plate  and  affixed  inside,  as  designated  and  approved 
by  the  Mayor  or  Chief  of  the  Bureau  of  Licenses,  and  no 
licensed  hack  shall  carry  or  have  affixed  to  it,  inside  or  out- 
side, any  number  except  the  official  number  as  aforesaid. 
(Id.,  sec.  7.) 

§  323.  Every  licensed  hackman,  immediately  after  the 
termination  of  any  hiring  or  employment,  must  carefully 
search  such  hack  for  any  property  lost  or  left  therein,  and 
any  such  property,  unless  sooner  claimed  or  delivered  to  the 
owner,  must  be  taken  to  the  nearest  police  station  and 
deposited  with  the  officer  in  charge  within  tw^enty-four 
hours  after  the  finding  thereof,  and  in  addition  a  written 
notice,  with  brief  particulars  and  description  of  the  prop- 
erty, must  be  forwarded  at  once  to  the  Bureau  of  Licenses. 
(Id.,  sec.  8.) 

§  324.  Every  licensed  hackman  shall  have  the  right  to 
demand  payment  of  the  legal  fare  in  advance,  and  may 
refuse  employment  unless  so  prepaid,  but  no  licensed  hack- 
man  shall  otherwise  refuse  or  neglect  to  convey  any  orderly 
person  or  persons  upon  request  anywhere  in  the  city  unless 
previously  engaged  or  unable  to  do  so.  No  licensed  hack- 
man  shall  carry  any  other  person  than  the  passenger  first 


74  CODE  OF  ORDINANCES  01-    THE  CITY  OF  NEW  YORK. 

employing  a  hack  without  the  consent  of  said  passenger. 
(Id.,  sec.  9.) 

§  325.  All  vehicles  for  hire  shall  be  licensed,  and  the 
owner  thereof  shall  pay  the  sum  of  two  dollars  with  his 
original  application  as  the  license  fee  for  each  and  every 
vehicle  so  kept  for  hire,  and  one  dollar  for  each  vehicle  for 
annual  renewals.     (Id.,  sec.  10.) 

§  326.  All  disputes  as  to  the  lawful  rate  of  fare,  where 
no  agreement  has  been  made,  and  all  refusals  to  pay  the 
agreed  amount  where  an  agreement  is  claimed,  shall  be 
determined  by  the  police  officer  in  charge  of  the  police  sta- 
tion nearest  to  the  place  where  such  dispute  is  had,  and, 
except  in  the  case  of  a  freeholder  or  householder  in  The 
City  of  New  York,  failure  to  comply  with  such  determina- 
tion shall  subject  the  offending  party  to  a  charge  of  dis- 
orderly conduct,  punishable  by  a  fine  of  not  exceeding  ten 
dollars,  or  in  default  thereof  imprisonment  for  not  m.ore 
than  ten  days.     (Id.,  sec.  11.) 

lY.   PuUic  Hack  Stands. 

§  327.  Any  duly  licensed  hackney  coach  or  cab  shall 
stand  while  waiting  for  employment  at  any  of  the  fol- 
lowing places  and  for  the  periods  of  time  hereafter 
provided: 

Stand  No.  1. —  South  Ferry,  foot  of  Whitehall  street,  along 
the  park. 

Stand  No.  2. —  Broadway,  around  Bowling  Green. 

Stand  No.  3. —  In  Barclay  street,  west  of  Washington 
street. 

Stand  No.  4. —  In  Murray  street,  between  Washington  and 
West  streets. 

Stand  No.  5. —  In  Broad  street,  from  Stock  Exchange  to 
Beaver  street;   one  line  in  center  of  street. 

Stand  No.  6. —  At  Fulton  Ferry,  along  the  Market  side, 
south  and  east. 

Stand  No.  7. —  Broadway,  from  north  side  of  Beekman 
street  to  Chambers  street,  and  Chambers  street,  from 
Broadway  to  west  side  of  new  court-house,  park  side. 

Stand  No.  8. —  In  Canal  street,  west  of  Washington 
street. 

Stand  No.  9. —  In  Chatham  square. 

Stand  No.  10. —  North,  west  and  south  sides  of  Union 
square. 

Stand  No.  11. —  North,  west  and  south  sides  of  Madison 
square. 

Stand  No.  12. —  The  vacant  square,  junction  of  Broadway 
and  Sixth  avenue.  Thirty-second  and  Thirty-fifth  streets. 

Stand  No.  13. —  On  Fourth  avenue,  between  Fortieth  and 
Forty-second  streets,  each  side  of  the  cut  to  the  tunnel. 

Stand  No.  14. —  At  the  junction  of  Broadway  and  Seventh 
avenue  on  the  squares.  Forty-third  to  Forty-seventh  street. 

Stand  No.  15,— On  the  north  side  of  Fortieth  and  south 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  75 

side  of  Forty-second  streets,  from  Fifth  avenue  to  Sixth 
avenue. 

Stand  No.  16. —  On  Fifty-ninth  street,  north  side,  frona 
Fifth  avenue  to  a  point  100  feet  east  of  Eighth  avenue. 

Stand  No.  17.— At  all  ferries. 

Stand  No.  18. —  At  all  passenger  steamboat  landings, 
fifteen  minutes  before  the  usual  time  of  arrival  of  such 
passenger  steamboats. 

Stand  No.  19. —  At  all  theatres  and  other  places  of  public 
amusement,  fifteen  minutes  before  the  conclusion  of  the 
performance. 

Stand  No.  20. —  At  all  railroad  depots,  five  minutes  prior 
to  the  arrival  of  passenger  trains,  licensed  owners  and 
drivers  may  solicit  passengers  without  their  vehicles,  except 
that  at  the  Grand  Central  Depot  such  hackmen  shall  not 
stand  on  the  sidewalk  more  than  three  feet  within  the  curb. 

Stand  No.  21. —  Broadway,  opposite  St.  Paul's  Church,  from 
five  p.  m.  until  sunrise. 

Stand  No.  22. —  On  all  street  corners,  from  ten  p.  m.  until 
sunrise. 

Stand  No.  23.—  South  side  of  One  Hundred  and  Fifty-fifth 
street,  between  Ninth  and  Manhattan  avenues. 

Stand  No.  24. —  North  side  of  One  Hundred  and  Forty- 
fifth  street,  from  the  corner  of  Eighth  avenue  300  feet  east. 

Stand  No.  25. —  North  side  of  One  Hundred  and  Twenty- 
fifth  street,  to  extend  a  distance  of  100  feet  west  of  Eighth 
avenue. 

Stand  No.  26. —  North  side  of  One  Hundred  and  Fifty- 
fifth  street,  from  the  corner  of  Eighth  avenue  300  feet  east. 

Stand  No.  27. —  West  side  of  Third  avenue,  near  the  Ford- 
ham  Station  of  the  New  York  and  Harlem  Railroad,  extend- 
ing southerly  about  100  feet  fr6m  the  southerly  intersec- 
tion of  Pelham  avenue. 

Stand  No.  28. —  Every  elevated  railroad  station  in  The 
City  of  New  York  shall  be  deemed  a  public  cab  stand,  and 
public  cabs  and  coaches  shall  be  and  are  hereby  authorized 
to  stand  on  the  street  corners  at  such  places. 

Stand  No.  29. —  Park  avenue,  from  Sixtieth  street  to  Sixty- 
first  street,  and  Seventy-second  to  Seventy-third  street,  on 
west  side  of  tunnel. 

Stand  No.  30. —  Fifth  avenue,  Sixtieth  to  Sixty-second 
street,  on  west  side  of  avenue,  and  Seventy-first  to  Seventy- 
second  to  Seventy-third  street,  on  west  side  of  avenue. 

Stand  No.  31. —  Fifth  avenue,  Eighty-first  to  Eighty-second 
street,  and  from  Ninetieth  to  Ninety-first  street,  on  west 
side  of  avenue. 

Stand  No.  32. —  Sixty-third  street,  from  Broadway  to 
Columbus  avenue,  north  side. 

Stand  No.  33. —  From  Sixty-third  to  Sixty-fourth  street, 
on  Broadway,  west  side. 

Stand  No.  34. —  Sixty-sixth  street,  between  Broadway  and 
Columbus  avenue,  south  side. 


76  CODE  OF  OBDINANCES  OF  THE  CITY  OF   NEW  YORK. 

Stand  No.  35. — Sixty-fifth,  to  Sixty-sixth  street,  on  Broad- 
way, east  side;  Amsterdam  avenue,  Seventy-second  to 
Seventy-third  street,  on  west  side. 

Stand  No.  36. —  South  side  of  Seventy-third  street,  between 
Broadway  and  Amsterdam  avenue. 

Stand  No.  37. —  From  Seventy-ninth  to  Eighty-first  street, 
on  Columbus  avenue,   east   side. 

Stand  No.  38. —  On  Eighty-first  street,  from  Columbus  ave- 
nue to  a  point  100  feet  east  of  Columbus  avenue. 

Stand  No.  39. —  Sherman  square,  north  side  of  Seventieth 
street,  from  Amsterdam  avenue  to  Broadway. 

Stand  No.  40. —  West  side  of  Broadway,  from  Seventieth 
street  to  Seventy-first  street. 

Stand  No.  41. —  Amsterdam  avenue,  from  Seventieth  to 
Seventy-first  street,  east  side. 

Stand  No.  42. —  All  subway  stations. 

Stand  No.  43. —  Northwest  side  of  Plaza,  between  Fifty- 
eighth  and  Fifty-ninth  streets.     (Id.,  art.  2,  sec.  1.) 

§  328.  That  not  more  than  two  cabs  or  coaches  shall 
stand  at  any  such  station  (meaning  thereby  the  uptown  or 
downtown  station),  and  they  shall  not  impede  or  obstruct 
proper  access  to  and  from  the  stairways  at  such  stations. 
(Id.,  sec.  2.) 

§  328a.  That  the  following  streets  and  places  in  the 
Third  Ward  of  the  Borough  of  Queens  are  hereby  fixed  as 
the  places  at  which  hacks  and  stages  may  stand  waiting 
for  hire,  viz.:  At  Flushing,  Broadway,  from  Lawrence  to 
Prince  street,  and  a  main  street,  from  Bradford  avenue 
to  Locust  street;  at  Bayside  on  Bell  avenue,  from  Pleasant 
avenue  to  300  feet  north  of  Long  Island  Railroad  track, 
and  at  Whitestone,  on  Sixteenth  street,  from  Seventh  to 
Eighth  avenue.     (Ord.  a  pp.  May  29,  1900.) 

§  329.  Any  person  violating  any  of  the  provisions  hereof, 
except  those  of  article  1,  section  11,  upon  conviction  thereof 
by  the  Chief  of  the  Bureau  of  Licenses  or  Deputy  Chief, 
either  upon  confession  of  the  party  or  by  competent  testi- 
mony, may  be  fined  for  such  offense  any  sum  not  more  than 
ten  dollars,  or  be  subject  to  the  suspension  or  revocation 
of  his  license  in  the  discretion  of  the  Chief  of  the  Bureau 
of  Licenses,  oi  Deputv  Chief,  with  the  approval  of  the 
Mayor.     (Ord.  app.  Nov.  2,  1905,  art.  3.) 

Article  lYa. —  Public  Porters. 
§  329a.  The  Mayor  shall  license  and  appoint  as  many  and 
such  persons  as  he  may  think  expedient  to  be  public  porters 
of  The  City  of  New  York,  and  revoke  or  suspend  any  or  all 
of  such  licenses  at  his  pleasure;  and  it  shall  not  be  lawful 
for  any  person  to  use  any  wheelbarrow  or  handcar  to  carry, 
transport  or  convey  baggage,  goods  or  other  things  from 
place  to  place  within  said  city  for  hire,  wages  or  pay  for 
such  conveyance,  or  to  be  at  any  hotel,  iDoarding-house, 
ferry,    steamboat    landing,    railroad    station    or    depot,    and 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  77 

solicit  of  strang-ers,  travelers,  citizens  or  other  persons,  or 
accept  the  conveyance  of  baggage  or  other  articles,  without 
being  licensed  as  aforesaid  by  the  Mayor.  This  section  shall 
not  be  construed  to  prevent  any  person  employed  in  any 
hotel  or  boarding-house  from  conveying  any  baggage  or 
other  articles  to  or  from  such  hotel  and  boarding-house,  and 
using  a  handcart  or  wheelbarrow^  therefor;  provided  the 
name  of  the  hotel  or  boarding-house,  and  the  keeper  thereof, 
be  painted  distinctly  on  both  sides  of  such  wheelbarrow  or 
handcart,  and  on  a  badge  worn  on  the  front  of  his  hat  or 
cap,  so  as  to  be  easily  and  distinctly  seen.  (R.  O.  1897, 
sec.  505.) 

§  329b.  All  licenses  to  public  porters,  granted  as  afore- 
said, shall  run  one  year  from  the  date  thereof,  and  may  be 
renewed  by  the  Mayor  at  any  time  within  the  said  year 
for  a  succeeding  year.     (Id.,  sec.  506.) 

§  329c.  Every  person  receiving  a  license  to  be  a  public 
porter,  as  aforesaid,  shall  pay  to  the  Mayor,  for  the  use 
of  the  city,  one  dollar;  and  the  further  sum  of  twenty-five 
cents  upon  the  renewal  of  every  such  license.    (Id.,  sec.  507.) 

§  329d.  Every  public  porter  shall  wear,  in  a  conspicuous 
place  about  his  person,  so  as  to  be  easily  seen,  a  brass 
plate  or  badge,  on  which  shall  be  engraved  his  name,  the 
words  "  Public  Porter,"  and  the  number  of  his  license;  and 
it  shall  be  unlawful  for  any  other  person  to  wear  or  exhibit 
any  badge  purporting  to  be,  resembling  or  similar  to  the 
badge  of  a  public  porter,  and  no  public  porter  shall  permit 
any  other  person  to  wear  his  badge  or  use  his  name  in  any 
way  whatever  in  the  transportation  or  conveyance  of  any- 
thing.    (Id.,  sec.  508.) 

§  329e.  Public  porters  shall  be  entitled  to  charge  and 
receive,  for  the  carrying  or  conveyance  of  any  article  any 
distance  within  half  a  mile,  twenty-five  cents  if  carried  by 
hand,  and  fifty  cents  if  carried  on  a  wheelbarrow  or  hand- 
cart; if  the  distance  exceeds  half  a  mile,  one-half  of  the 
above  rates  in  addition  thereto,  and  in  the  same  proportion 
for  any  greater  distance.     (Id.,  sec.  509.) 

§  329f.  No  pubic  porter  or  handcartman  shall  be  entitled 
to  recover  or  receive  any  pay  or  fare  from  any  person  for 
the  transportation  of  any  article  or  articles  unless  his  name 
and  number  of  license  and  the  rates  shall  be  fixed,  and  the 
badge  worn,  agreeably  to  this  article.     (Id.,  sec.  510.) 

§  329g.  Upon  the  trial  of  any  cause  commenced  for  the 
recovery  of  any  of  the  aforesaid  prices  or  rates,  it  shall  be 
incumbent  on  the  plaintifE  in  such  action  to  prove  that 
the  badge  was  worn  and  the  prices  fixed,  agreeably  to  the 
last  preceding  section,  at  the  time  the  services  were  ren- 
dered for  which  the  suit  was  brought.     (Id.,  sec.  511.) 

§  329h.  No  public  porter  or  handcartman  shall  neglect 
or  refuse  to  transport  any  article  or  articles  when  required 
so  to  do,  unless  he  shall  then  be  actually  and  otherwise 
employed,  or  unless  the  distance  he  shall  be  required  to  go 


78  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

shall  be  more  than  two  miles,  under  the  penalty  of  five  dol- 
lars for  each  offense.     (Id.,  sec.  512.) 

§  3291.  No  public  porter  or  handcartman  shall  suffer  or 
permit  any  other  person  than  himself  to  carry  any  article 
or  articles  in  his  wheel  or  handbarrow,  or  handcart,  or  to 
wear  his  badge,  under  the  penalty  of  five  dollars  for  every 
such  offense.     (Id.,  sec.  513.) 

§  329j.  If  any  public  porter  shall  ask  or  demand  any 
greater  rate  of  pay  or  compensation  for  the  carrying  or 
conveyance  of  any  articles  than  is  herein  provided,  he  shall 
not  be  entitled  to  any  pay  for  the  said  service,  and  to  so  ask, 
demand,  or  receive  any  greater  pay  or  compensation  shall 
be  deemed  a  violation  of  this  article.     (Id.,  sec.  514.) 

§  329k.  It  shall  not  be  lawful  for  any  person  to  represent 
himself  as,  or  to  wear  or  exhibit  any  badge,  inscription, 
card,  or  device,  purporting  or  implying  that  he  is  employed 
or  authorized  by  the  keeper,  proprietor,  agent  or  officer  of 
any  hotel,  boarding-house,  vessel,  steamboat  or  railroad 
company,  to  solicit,  receive  or  convey  persons,  baggage,  or 
other  things  to  or  from  any  such  hotel,  boarding-house,  ves- 
sel, steamboat  or  railroad  company's  station  or  depot,  with- 
out being  actually  and  duly  authorized  by  such  keeper,  pro- 
prietor, officer  or  agent  so  to  do,  under  the  penalty  of 
twenty-five  dollars  for  every  offense.     (Id.,  sec.  50.) 

y.   Expresses  and  Expressmen. 

§  330.  Every  vehicle  of  whatever  construction  kept  or 
used  for  the  conveyance  of  baggage,  packages,  parcels  and 
other  articles  within  or  through  The  City  of  New  York  for 
pay,  shall  be  deemed  a  public  express,  and  the  owner  thereof 
shall  be  deemed  a  public  expressman,  and  the  term  express- 
man shall  be  deemed  to  include  any  common  carrier  of 
baggage,  packages,  parcels  or  other  articles  within  or 
through  The  City  of  New  York.  (Ord.  app.  May  22,  1899, 
sec.  18.) 

§  331.  Every  public  express  shall  show  on  each  outside 
thereof  the  word  "  Express,"  or  the  letters  "  Exp.,"  together 
with  the  figures  of  its  official  number.     (Id.,  sec.  19.) 

§  332.  Every  owner  of  a  public  express  shall  give  a  bond 
to  The  City  of  New  York  for  each  and  every  vehicle  licensed 
in  a  penal  sum  of  $100,  with  sufficient  surety,  approved  by 
the  Mayor  or  Chief  of  the  Bureau  of  Licenses,  conditioned 
for  the  safe  and  prompt  delivery  of  all  baggage,  packages, 
parcels  and  other  articles  or  things  entrusted  to  the  owner 
or  driver  of  any  such  licensed  express.     (Id.,  sec.  20.) 

§  333.  The  legal  rates  for  regular  deliveries,  unless  other- 
wise mutually  agreed,  shall  be  as  follows  in  the  city: 

Between  points  within  any  borough  — 

Not  more  than  five  miles  apart,  each  piece $0  40 

Not  more  than  ten  miles  apart,  each  piece 55 

Not  more  than  fifteen  miles  apart,  each  piece 75 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YOKK.     79 

Between  points  in  different  boroughs:  One-half  the  above 
rates  in  addition. 

Special  deliveries  at  rates  to  be  mutually  agreed  upon. 
(Id.,  sec.  21.) 

YI.  Junk  Dealers. 

§  334.  Any  one  dealing  in  the  purchase  and  sale  of  junk, 
old  rope,  old  iron,  brass,  copper,  tin  or  lead,  rags,  slush 
or  empty  bottles  shall  be  deemed  to  be  a  junk  dealer  and 
the  place  of  business  a  junk  shop,  and  every  such  junk 
dealer  shall  give  a  bond  to  The  City  of  New  York  with 
sufficient  surety,  approved  by  the  Mayor  or  Chief  of  the 
Bureau  of  Licenses,  in  the  penal  sum  of  $250,  conditioned 
for  the  due  observance  of  all  municipal  ordinances.  (Id., 
sec.  22.) 

§  335.  Every  junk  dealer  shall  keep  a  book  in  which  shall 
be  legibly  written,  at  the  time  of  every  purchase,  a  descrip- 
tion of  every  article  so  purchased,  the  name  and  residence 
of  the  person  from  whom  such  purchase  was  made  and  the 
day  and  hour  of  such  purchase,  and  such  book  shall  at  all 
reasonable  times  be  open  to  the  inspection  of  the  Mayor, 
Chief  of  the  Bureau  of  Licenses,  any  police  officer  or  magis- 
trate of  The  City  of  New  York,  or  any  person  duly  author- 
ized, in  writing,  for  such  purpose  by  any  of  said  authorities, 
and  who  shall  exhibit  such  written  authority  to  such  dealer. 
(Id.,  sec.  23.) 

§  336.  No  junk  dealer  shMl  carry  on  business  at  any 
other  place  than  the  one  designated  in  the  license  therefor, 
or  shall  continue  to  carry  on  business  after  such  license  is 
suspended  or  revoked  or  expired.     (Id.,  sec.  24.) 

§  337.  No  junk  dealer  shall  purchase  any  goods,  article 
or  thing  whatsoever  from  any  minor,  apprentice  or  servant, 
knowing  or  having  reason  to  believe  the  seller  to  be  such, 
or  from  any  person  or  persons  whatsoever,  between  the  set- 
ting of  the  sun  and  the  hour  of  seven  o'clock  in  the  morning. 
(Id.,  sec.  25.) 

§  338.  If  any  goods,  article  or  thing  whatsoever  shall  be 
advertised  in  any  newspaper  printed  in  The  City  of  New 
York  as  having  been  lost  or  stolen,  and  if  the  same,  or  any 
answering  to  the  description  advertised,  or  any  part  or  por- 
tion thereof,  shall  be  or  come  in  the  possession  of  any  junk 
dealer,  such  dealer  shall  give  information  thereof,  in  writing, 
to  the  Chief  of  Police  and  state  from  whom  the  same  was 
received,  and  every  junk  dealer  who  shall  have  or  receive  any 
goods,  article  or  thing  lost  or  stolen,  or  alleged  or  supposed 
to  have  been  lost  or  stolen,  shall  exhibit  the  same  on  demand 
to  the  Mayor,  Chief  of  the  Bureau  of  Licenses,  any  police 
officer  or  magistrate  of  The  City  of  New  York,  or  any  per- 
son duly  authorized,  in  writing,  by  any  of  said  authorities, 
and  who  shall  exhibit  such  written  authority  to  such  dealer. 
(Id.,  sec.  20.) 


80  CODE  OF  ORDINA^XES  OF  THE  CITY  OF   NEW  YORK. 

§  339.  No  junk  dealer  while  licensed  as  such,  shall  be 
licensed  as  pawnbroker  or  dealer  in  second-hand  articles  in 
The  City  of  New  York.     (Id.,  sec.  27.) 

§  340.  Any  vehicle  in  the  streets  or  any  vessel  in  the 
waters  of  The  City  of  New  York,  used  for  the  purpose  of 
collecting-  junk,  rags,  old  rope,  paper,  bagging,  old  iron, 
brass,  copper,  tin,  empty  bottles,  slush  or  lead,  shall  be 
deemed  respectively  a  junk  cart  or  junk  boat,  and  every  junk 
cart  or  junk  boat  shall  show  on  each  outside  thereof  the 
words  "  junk  cart "  or  "  junk  boat,"  together  with  the  figures 
of  its  official  number,  and  no  person  shall  do  such  collecting 
in  any  other  way  or  manner  than  as  aforesaid.     (Id.,  sec.  28.) 

YII.   Dealers  in  Second-Hand  Articles. 

§  341.  Any  one  dealing  in  the  purchase  and  sale  of  second- 
hand furniture,  metal,  clothes  or  other  articles  shall  be 
deemed  to  be  a  dealer  in  second-hand  articles,  and  every 
such  dealer  in  second-hand  articles  shall  give  a  bond  to  The 
City  of  New  York  with  sufficient  surety,  approved  by  the 
Mayor  or  Chief  of  the  Bureau  of  licenses,  in  the  penal  sum 
of  $100,  conditioned  for  the  due  observance  of  all  municipal 
ordinances.     (Id.,  sec.  29.) 

Such  an  ordinance  should  be  strictly  construed  as  it  limits  per- 
sons in  graining  a  livelihood.  Where  a  person  who  kept  a  book  shop 
sold  second-hand  books  as  an  incident  thereto,  held  in  Illinois  not 
to  be  a  "  dealer  in  second-hand  goods."  Eastman  vs.  Chicago, 
79  111.  178. 

§  342.  Every  dealer  in  seco:^d-hand  articles  shall  keep  a 
book  in  which  shall  be  legibly  written,  at  the  time  of  every 
purchase,  a  description  of  every  article  so  purchased,  the 
name  and  residence  of  the  person  from  whom  such  purchase 
was  made  and  the  day  and  hour  of  such  purchase,  and  such 
book  shall  at  all  reasonable  times  be  open  to  the  inspection 
of  the  Mayor,  Chief  of  the  Bureau  of  Licenses,  any  police 
officer  or  magistrate  of  The  City  of  New  York,  or  any  person 
duly  authorized,  in  writing,  for  such  purpose  by  any  of  said 
authorities,  and  who  shall  exhibit  such  wrritten  authority 
to  such  dealer.     (Id.,  sec.  30.) 

§  343.  No  dealer  in  second-hand  articles  shall  carry  on 
business  at  any  other  place  than  the  one  designated  in  the 
license  thereof  or  shall  continue  to  carry  on  business  after 
such  license  is  suspended  or  revoked  or  expired,  (id., 
sec.  31.) 

§  344.  No  dealer  in  second-hand  articles  shall  purchase 
any  goods,  articles  or  thing  whatsoever  from  any  minor, 
apprentice  or  servant,  knowing  or  having  reason  to  believe 
the  seller  to  be  such,  or  from  any  person  or  persons  what- 
soever, between  the  setting  of  the  sun  and  the  hour  of  seven 
o'clock  in  the  morning. 

No  article  or  thing,  except  wooden  furniture,  stoves  and 
kitchen  utensils  purchased  in  the  way  of  business,  shall  be 
sold  or  disposed  of  by  any  dealer  in  second-hand  articles 
until  the  expiration  of  one  month  after  such  purchase,  and 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  81 

no  such  dealer  shall  receive  any  article  by  way  of  pledge  or 
pawn.     (Id.,  sec.  32.) 

§  345.  If  any  goods,  article  or  thing  whatsoever  shall  be 
advertised  in  any  newspaper  printed  in  The  City  of  New 
York  as  having  been  lost  or  stolen,  and  if  the  same,  or  any 
answering  to  the  description  advertised,  or  any  part  or  por- 
tion thereof,  shall  be  or  come  in  the  possession  of  any  dealer 
in  second-hand  articles,  such  d^ler  shall  give  information 
thereof,  in  writing,  to  the  Chief  of  Police  and  state  from 
whom  the  same  was  r^eived,  and  every  dealer  in  second- 
hand articles  who  shall  have  or  receive  any  goods,  article  or 
thing  lost  or  stolen,  or  alleged  or  supposed  to  have  been 
lost  or  stolen,  shall  exhibit  the  same,  on  demand,  to  the 
Mayor,  Chief  of  the  Bureau  of  Licenses,  any  police  officer  or 
magistrate  of  The  City  of  New  York,  or  any  person  duly 
authorized,  in  writing,  by  any  of  said  authorities,  and  who 
shall  exhibit  such  written  authority  to  such  dealer.  (Id., 
sec.  33.) 

§  346.  No  dealer  in  second-hand  articles,  while  licensed  as 
such,  shall  be  licensed  as  pawnbroker  or  junk  dealer  in  The 
City  of  New  York.     (Id.,  sec.  34.) 

YIII.  Peddlers. 

§  347.  Any  person  hawking,  peddling,  vending  or  selling 
merchandise  in  the  streets  of  The  City  of  New  York  shall 
be  deemed  to  be  a  peddler,  and  shall  be  classified  as  follows: 
A  peddler  using  a  horse  and  wagon,  a  peddler  using  a  push 
cart,  and  a  peddler  carrying  merchandise  in  business;  but 
the  selling  of  newspapers  or  periodicals  in  the  street  is  not 
hereby  regulated  in  any  way.  (Ord.  app.  May  22,  1899, 
sec.  35.) 

Ordinance  requiring-  a  license  for  peddlers  sustained.  Villag-e  of 
Ballston  Spa  vs.  Markham,  58  Hun,  238.  As  to  power  imposed  on 
Mayor  to  issue  a  license,  see  Bradley  vs.  Rochester,  54  Hun,  140. 
All  statutes  regulating:  hawking  and  peddling  must  be  strictly  con- 
strued. Village  of  Stamford  vs.  Fisher,  140  N.  Y,  187.  Ordinance 
restricting  peddling  to  certain  hours  is  not  unconstitutional.  City 
of  Buffalo  vs.  Schleifer,  2  Misc.  216,  51  St.  Rep.  58,  21  N.  Y.  Supp. 
913.  An  ordinance  restricting  peddling  at  public  markets  sustained. 
Village  of  Buffalo  vs.  Webster,  10  Wend.  100.  As  to  peddling  milk, 
see  People  ex  rel.  Larabee  vs.  Mulholland,  82  N.  Y,  324.  Where  a 
license  is  required  and  none  is  taken  out,  the  peddler  cannot 
recover  the  price  of  his  goods.    Best  vs.  Bauder,  29  How.  Pr.  489. 

§  348.  Any  vehicle  used  in  peddling  shall  show  on  each 
outside  thereof  the  words  "  Licensed  Peddler,"  together  with 
the  figures  of  its  official  number,  and  any  peddler  duly 
licensed  to  use  a  horse  and  wagon  may  employ  two  persons 
and  no  more  to  assist  in  selling  and  delivering  the  wares, 
but  such  persons  shall  so  act  only  while  accompanying  a 
licensed  peddler. 

Any  person  owning  or  operating  a  farm  in  The  City  of 
New  York  and  selling  in  the  streets  of  said  city  produce 
raised  on  such  farm  shall  not  be  deemed  a  peddler  within 
the  meaning  of  this  ordinance.    Any  such  person  may  make 

6 


82  CODE  OF  ORDINANCES  OE  THE  CITY  OF  NEW  YORK. 

application  to  the  Bureau  of  Licenses  upon  affidavit  setting* 
forth  sufficient  facts  to  entitle  him  to  this  exemption,  and 
thereupon  shall  receive  a  certificate  thereof.     (Id.,  sec.  36.) 

IX,   Ticket  Speculators. 

§  349.  Any  person  selling-  or  offering  to  sell  in  any  street 
of  The  City  of  New  York  ,any  ticket  of  admission  to  any 
public  place  of  amusement  for  any  price  shall  be  deemed  a 
ticket  speculator,  and  no  ticket  speculator  shall  sell  or  offer 
for  sale  nor  shall  any  tickets  of  admission  be  sold  on  the 
sidewalk  in  front  of  the  entrance  to  any  place  of  amuse- 
ment.    (Id.,  sec.  37.) 

§  350.  No  ticket  speculator  shall  deceive  any  purchaser  by 
misstating  or  misrepresenting  what  is  secured  to  the  pur- 
chaser by  the  ticket  sold,  under  a  penalty  of  not  less  than 
two  dollars  nor  more  than  twenty-five  dollars  for  each 
offense. 

X.   Coal  Scalpers. 

§  351.  Any  person  who  shall  sell,  peddle  or  vend  any  order 
or  permit  in  relation  to  the  freighting  of  coal  by  canal  boat 
wdthin  The  City  of  New  York,  or  offer  to  do  so,  shall  be 
deemed  to  be  a  coal  scalper,  and  shall  give  a  bond  to  The 
City  of  New  York,  with  two  or  more  sufficient  sureties,  to  be 
approved  by  the  Chief  of  the  Bureau  of  Licenses,  in  the  penal 
sum  of  $2,500,  conditioned  for  faithful  compliance  with 
municipal  ordinances.     (Id.,  sec.  39.) 

XI,  Common  Shows. 
§  352.  A  common  show  shall  be  deemed  to  Include  a 
carousel,  Ferris  wheel,  gravity  steeplechr.se,  chute,  scenic 
cave,  bicycle  carousel,  scenic  railway,  striking  machines, 
switchback,  merry-go-round,  puppet  show,  ball  game,  and  all 
other  shows  of  like  character,  but  not  to  include  games  of 
baseball,  or  to  authorize  gambling  or  any  games  of  chance. 
(Id.,  sec.  40.) 

The  power  to  regrulate  common  shows  is  found  in  section  51  of 
the  charter.  While  different  kinds  of  shows  are  enumerated  in  the 
ordinance,  this  does  not  exclude  other  shows  which  contain  the 
same  g-eneral  elements  of  public  exhibition  such  as  are  usually- 
conducted  on  the  stage  for  the  benefit  and  amusement  of  the 
public.  Mayor,  etc.,  of  N.  Y.  vs.  Eden  Musee  American  Co.  (Ld.), 
102  N.  Y.  593;  Thurber  vs.  Sharp,  13  Bar.  627;  Society  for  Reforma- 
tion of  Juvenile  Delinquents  vs.  Newbosch,  16  Week.  Dig.  349.  And 
where  a  license  is  required  and  performances  are  successively 
given  without  one,  injunction  lies.  Society  for  Reformation  of 
Juvenile  Delinquents  vs.  Diers,  10  Abb.  Pr.,  N.  S.,  216.  Where  as 
incidental  to  selling  a  book  on  gambling,  an  exhibition  was  given, 
held  not  to  require  a  license  as  the  exhibition  was  not  the  main 
object.  People  vs.  Royal,  23  App.  Div.  258.  Where  a  license  is 
required,  and  the  Mayor  has  power  to  "  grant  such  licenses,"  he 
cannot  refuse  to  do  so  arbitrarily.    Matter  of  O'Rourke,  9  Misc.  564. 

XIT.   Shooting  Galleries. 
§  353.     Any  shooting  gallery  in  a  place  open  to  the  public 
and  not  othervdse  licensed  shall  be  deemed  to  be  included 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.     83 

within  the  terms  of  this  ordinance,  and  every  Ivjeeper  of  a 
public  shooting"  gallery  shall  maintain  good  order  and  allow 
no  person  under  sixteen  years  of  age  to  shoot  therein. 
(Id.,  sec.  41.) 

XIII.  Bowling  Alleys. 

§  354.  Any  bowling  alley  in  a  place  open  to  the  public  and 
not  otherwise  licensed  shall  be  deemed  to  be  included  within 
the  terms  of  this  ordinance,  and  every  keeper  of  a  public 
bowling  alley  shall  maintain  good  order  and  allow  no  person 
under  sixteen  years  of  age  to  bowl  therein.     (Id.,  sec.  42.) 

XIV.  Billiard  Tables. 

§  355.  Any  pool  or  billiard  table  in  a  place  open  to  the 
public  and  not  otherwise  licensed  shall  be  deemed  to  be 
included  within  the  terms  of  this  ordinance,  and  every  keeper 
of  a  public  place  where  there  are  pool  or  billiard  tables  shall 
maintain  good  order  and  allow  no  person  under  sixteen 
years  of  age  to  play  therein,  fid.,  sec.  43,  as  amd  by  ord. 
app.  March  7,  1904.) 

XV.  Dirt  Carts  and  Cartmen. 

§  356.  Every  vehicle  of  whatever  description,  excepting 
such  as  shall  have  painted  thereon,  on  each  side,  the  name 
and  address  of  the  ovmer  thereof  in  plain  letters  and  figures 
of  at  least  three  inches  in  length,  used  in  carting  or  trans- 
porting dirt,  sand,  gravel,  clay,  paving  stones,  ashes,  garbage 
or  building  rubbish  within  The  City  of  New  York  shall  be 
deemed  a  dirt  cart.  Every  such  vehicle  of  whatever  descrip- 
tion, whether  or  not  described  as  a  dirt  cart,  shall  be  fur- 
nished with  a  good  and  tight  box,  whereof  the  sides,  forepart 
and  tailboard  shall  be  at  least  eighteen  inches  high,  and  of 
sufficient  capacity  to  contain  not  less  than  twelve  cubic  feet, 
and  shall  be  securely  covered  when  loaded,  so  as  to  pre- 
vent the  contents  from  being  scattered  upon  the  streets. 
(Id.,  sec.  44.) 

§  357.  Every  dirt  cart  shall  show  on  each  outside  thereof 
the  words  "  Dirt  Cart  "  or  the  letters  "  D.  C,"  together  with 
the  figures  of  its  official  number.     (Id.,  sec.  45.) 

XVI.   Exterior  Hoists. 

§  358.  No  person  shall  hoist  anj'^thing  whatsoever  on  the 
outside  of  a  building  from  the  street  into  any  loft  or  lower 
anything  on  the  outside  thereof  by  any  means  without  a 
license  or  permit  therefor,  and  giving  an  indemnity  bond  to 
The  City  of  New  York,  with  sufficient  surety,  approved  by 
the  Mayor  or  Chief  of  the  Bureau  of  Licenses.     (Id.,  sec.  46.) 

§  359.  Any  one  generally  engaged  in  such  a  business  shall 
take  out  a  general  license  or  permit,  and  any  one  so  hoisting 
in  front  of  certain  premises  only  shall  take  out  a  special 
license  or  permit  therefor.     (Id.,  sec.  47.) 


84     CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

§  360.  It  shall  be  the  duty  of  any  person,  while  engaged 
in  such  koisting  or  lowering  over  any  sidewalk,  roadway  or 
public  place  to  give  warning  thereof  by  two  conspicuous 
signs  displaying  the  word  "  Danger,"  in  letters  at  least  six 
inches  long.     (Id.,  sec.  48.) 

Article  IV. —  Stands  Within  the  Stoop  Lines  and  Under  Elevated 
Railroad  Stations. 

§  361.  No  person  shall  have  or  use  any  bootblack  stand 
outside  of  any  building  in  The  City  of  New  York,  and  there 
shall  be  no  booth  or  stand  erected  or  maintained  wdthin  the 
stoop  lines  of  any  building  or  under  the  stairs  of  the  elevated 
railroad  stations  in  The  City  of  New  York  without  first  pro- 
curing a  license  therefor,  as  hereinafter  provided;  and  any 
person  so  doing  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  before  any  magistrate  shall  be  fined  by 
said  magistrate  not  less  than  two  dollars  or  more  than  ten 
dollars  for  each  offense,  and  in  default  of  payment  of  such 
fine  may  be  committed  to  prison  by  such  magistrate  until 
the  same  be  paid;  but  such  imprisonment  shall  not  exceed 
ten  days.     (Ord.  app.  April  15,  1902,  sec.  1.) 

Section  50  of  the  Greater  New  York  Charter,  L.  1901,  ch.  466,  pro- 
vides as  follows:  "  The  Board  of  Aldermen  shall  not  have  power 
to  authorize  the  placing  or  continuing  of  any  encroachments  or 
obstruction  upon  any  street  or  sidewalk,  except  the  temporary 
occupation  thereof  during  the  erection  or  repairing  of  a  building 
on  a  lot  opposite  the  same,  nor  shall  they  permit  the  erection  of 
booths  and  stands  within  stoop  lines,  except  for  the  sale  of  news- 
papers, periodicals,  fruit  and  soda  water,  and  with  the  consent  in 
such  cases  of  the  owner  of  the  premises."  It  then  provided  no 
special  ordinances  should  be  passed,  but  that  all  ordinances  should 
be  general.  Stands  within  the  stoop  lines  were  first  authorized  by 
ch.  418,  Laws  1887,  and  ch.  115,  Laws  1888,  for  the  sale  of  newspapers, 
periodicals,  fruit  and  soda  water.  These  acts  amended  subdivision 
3  of  section  86  of  the  Consolidation  Act.  L.  1882,  ch.  410.  By  ch.  718 
of  Laws  1896,  this  was  further  amended  so  as  to  include  boot- 
blacks. The  original  charter  of  1897  (sec.  49),  omitted  boot-black 
stands  among  those  allowed,  and  by  the  revision  of  1901  (supra), 
boot-black  stands  were  further  omitted  from  the  list  of  stands 
permitted. 

The  charter  therefore  omitted  the  old  provisions  of  the  Consoli- 
dation Act,  as  amended  in  1896,  which  authorized  boot-black  stands, 
but  held,  in  People  ex  rel.  Pumpkyansky  vs.  Keating,  168  N.  Y. 
390,  such  omission  was  not  a  repeal. 

The  Common  Council  may  authorize  stands  within  the  stoop  line. 
People  ex  rel.  Weeks  vs.  New  York,  1  N.  Y.  Supp.  95;  and  around 
the  public  markets.  Ely  vs.  Campbell,  59  How.  Pr.  333.  The  right 
of  the  public  to  the  use  of  the  highway  from  "  side  to  side  and  end 
to  end  "  is  well  established  from  the  earliest  reported  cases  under 
the  common  law  to  the  present  time,  and  while  this  right  of  the 
public  is  preserved  by  section  50  in  general,  stHl  stands  may  be 
lawfully  permitted  within  the  limits  prescribed.  People  vs.  Keat- 
ing, supra.  The  legislature,  by  virtue  of  its  general  control  over 
streets  and  highways,  has  the  power  to  authorize  structures  in  the 
streets  for  the  convenience  of  business  that  otherwise  and  under 
the  common  law  would  be  held  to  be  encroachments  and  obstruc- 
tions. This  power  it  may  delegate  to  the  governing  body  in  a 
municipal  corporation.  Hoey  vs.  Gilroy,  129  N.  Y.  132.  It  is  essen- 
tial that  the  owner  of  adjoining  premises  should  consent,  as  other- 
wise the  stand  would  be  a  nuisance  as  to  him. 


CODE  OF   ORDINANCES   OF  THE  CITY   OF   NEW  YOEK.  85 

§  362.  All  licenses  for  bootblacks  and  stands  within  stoop 
lines  or  under  the  stairs  of  the  elevated  railroad  stations  in 
The  City  of  New  York  shall  be  granted  by  authority  of  the 
Mayor,  and  issued  by  the  Bureau  of  Licenses,  for  a  term  of 
one  year  from  the  date  thereof,  unless  sooner  suspended  or 
revoked  by  the  Mayor  or  the  Chief  of  said  Bureau,  with  the 
approval  of  the  Mayor;  and  no  person  shall  be  licensed 
except  a  citizen  of  the  United  States  or  one  who  has 
regularly  declared  intention  to  become  such  citizen,  and 
the  time  to  obtain  such  full  citizenship  has  not  yet  elapsed. 
(Id.,  sec.  2.) 

§  363.  Stands  within  stoop  lines  may  be  permitted  and 
licensed,  with  the  consent  of  the  ov^oier  of  the  premises  and 
the  consent  of  the  Alderman  of  the  district  in  which  said 
stand  is  to  be  located,  for  the  sale  of  newspapers,  periodicals, 
fruits  and  soda  water  and  the  blacking  of  boots,  and  no 
bootblack  stand  shall  be  provided  with  more  than  three 
chairs.  All  such  stands  shall  be  classified,  and  the  annual 
license  fees  therefor  shall  be  fixed  and  collected  as  specified 
in  the  schedule  following:  Stands  for  the  sale  of  newspapers, 
periodicals  or  both,  five  dollars;  stands  for  the  sale  of  fruits 
or  soda  water  or  both,  ten  dollars;  stands  for  the  sale  of 
newspapers,  periodicals  or  both,  and  in  addition  also  fruits 
or  soda  water  or  both,  fifteen  dollars;  bootblack  stands, 
each  chair,  five  dollars.     (Id.,  sec.  3.) 

§  364.  Every  such  stand  must  be  strictly  within  the  stoop 
line  and  shall  not  be  an  obstruction  to  the  free  use  of  the 
sidewalk  by  the  public,  and  shall  not  exceed  the  space  of  six 
feet  long  by  four  feet  wide,  except  that  in  the  case  of  boot- 
black stands  a  space  not  more  than  three  feet  wide  and  four 
feet  long  may  be  occupied  by  each  chair  of  such  stand.  The 
construction  and  erection  of  all  stands  permitted  by  this 
ordinance  shall  be  at  the  expense  of  the  applicant  and  under 
the  direction  of  the  President  of  the  Borough  in  which  said 
stand  is  located.  No  person  shall  be  permitted  to  sleep  in 
any  portion  of  the  structure  or  hold  more  than  one  license. 
The  Mayor,  or  Chief  of  the  Bureau  of  Licenses,  shall  have 
power  to  transfer  a  permit  or  license  to  another  location  for 
the  period  of  its  unexpired  term;  provided,  however,  that 
the  application  for  such  transfer  shall  be  accompanied  by  the 
written  revocation  of  the  owner's  consent  previously  given 
therefor,  by  the  consent  of  the  owner  of  the  premises  to 
which  the  proposed  transfer  is  to  be  made  and  by  the  consent 
of  the  Alderman  of  the  district  in  which  said  premises  are 
located.     (Id.,  sec.  4.) 

§  365.  Any  person  desiring  to  erect  a  stand  or  booth 
underneath  the  stairs  of  any  of  the  elevated  railroad  stations 
in  The  City  of  New  York  for  the  sale  of  newspapers  and 
periodicals  shall  file  in  the  Bureau  of  Licenses  an  application, 
having  indorsed  thereon  the  consent  of  the  Alderman  or  of 
the  Local  Board  of  Improvements  of  the  districts  in  which  said 
stand  or  booth  is  located,  in  which  the  applicant  shall  specify 


86  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

the  location  desired  for  such  stand,  and  no  such  stand  or 
booth  or  any  projection  therefrom  shall,  be  erected  which  is 
wid^r  than  the  width  of  the  stairs  under  which  it  is  placed  or 
which  extends  along"  the  sidewalk  a  greater  distance  than  to 
a  point  where  the  under  surface  of  the  stairs  is  not  over 
seven  feet  from  the  level  of  the  sidewalk;  and  said  stand 
shall  be  constructed,  erected  and  maintained  at  the  expense 
of  the  applicant  and  under  the  direction  of  the  President  of 
the  Boroug-h  in  which  such  stand  is  located,  upon  plans  to 
be  approved  by  the  chief  engineer  of  the  elevated  railroad 
company  affected,  so  as  to  permit  of  a  ready  removal  of 
so  much  thereof  as  may  be  necessary  to  enable  the  said 
company,  its  agents  or  employees,  to  get  convenient  access 
to  any  part  of  the  said  stairways  for  the  inspection,  painting 
or  repairing  thereof,  and  shall  be  painted  the  same  color  as 
the  stairs  of  the  elevated  railroad,  and  no  advertisement 
shall  be  painted  or  displayed  thereon.     (Id.,  sec.  5.) 

Althoug-h  there  is  an  ordinance  permitting  such  permits  the 
present  charter  contains  no  direct  authority  for  issuing  the  same. 
It  has  been  held  that  stands  under  the  stairs  of  the  elevated  rail- 
road maintained  with  the  city's  consent  are  not  illegal  under  sub- 
division 3,  section  86  of  the  Consolidation  Act  as  amend.  L.  1896, 
eh.  718  (People  ex  rel.  Simmons  vs.  New  York,  20  Misc.  189),  and 
also  held  that  the  power  granted  to  the  city  authorities  to  allow 
such  stands  in  1896  was  not  repealed  by  the  Greater  New  York 
Charter.    People  ex  rel.  Pumpyansky  vs.  Keating,  168  N.  Y.  390. 

§  366.  Every  license  granted  pursuant  to  the  foregoing 
section  shall  contain  th£  follovsdng  reservation:  "It  is  ex- 
pressly agreed  and  understood  that  this  permit  is  given 
subject  to  the  right  of  the  elevated  railway  company  affected, 
its  agents,  employees,  successors  or  assigns,  or  the  owner  of 
said  stairway,  at  any  time  properly  to  inspect,  paint,  repair, 
renew,  reconstruct  or  remove  said  stairway  or  any  jwrtion 
thereof,  and  without  claim  on  the  part  of  said  licensee  as 
against  said  company,  its  agents,  employees,  successors  or 
assigns,  or  the  owner  of  said  stairway,  for  damages  to  or 
interference  with  said  booth  or  stand,  or  the  business  therein 
conducted,  occasioned  by  such  inspection,  painting,  repair, 
renewal,  reconstruction  or  removal.  (Id.,  sec.  6,  with  verbal 
change.) 

§  367.  The  licensee  shall  pay  for  such  a  stand  or  booth 
underneath  the  stairs  of  the  elevated  railroad  stations,  the 
annual  license  fee  of  ten  dollars.     (Id.,  §  7.) 

§  368.  The  official  license  for  any  stand  or  booth  must  be 
displayed  thereon,  so  as  to  be  easily  visible  at  all  times. 
(Id.,  sec.  8.) 

§  369.  In  the  event  of  a  refusal  by  any  Alderman  of  the 
consent  required  by  the  foregoing  sections  363,  364  and  365, 
the  applicant  for  license  or  transfer  may  present  his  applica- 
tion to  the  Board  of  Local  Improvements  of  the  district  in 
which  the  proposed  stand  is  to  be  located,  and  by  a  vote  of  a 
majority  of  the  members  elected,  the  consent  of  the  said 
board  may  be  substituted  for  that  of  the  Alderman.  In 
case  an  Alderman  fails  to  give  his  consent  as  aforesaid  within 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  87 

ten  days  after  he  has  received  the  application  for  license  or 
transfer,  such  failure  shall  be  deemed  to  be  a  refusal  within 
the  meaning  of  this  section.     (Id.,  §  9.) 

§  370.  The  Chief  of  the  Bureau  of  Licenses  shall  have  the 
power  to  hear  and  determine  complaints  against  any  of  the 
licensees  hereunder,  and  impose  a  fine  of  two  dollars  for 
any  violation  of  the  regulations  herein  provided,  and,  subject 
to  the  approval  of  the  Mayor,  shall  have  power  to  suspend 
the  license  pending  payment  of  such  fine.  All  such  fines 
when  collected  shall  be  paid  into  the  Sinking  Fund  for  the 
Redemption  of  the  City  Debt.     (Id.,  sec.  10.) 

§  371.  The  Chief  of  the  Bureau  of  Licenses  of  The  City  of 
New  York  shall  furnish  to  the  Police  Board  of  said  city  a  list 
of  unexpired  licenses  and  permits,  such  list  to  contain  the 
names  of  the  persons  to  whom  licenses  were  issued,  the 
place  and  business  for  which  issued,  and  the  date  of  expira- 
tion of  such  license  or  permit,  and  thereafter,  during  the 
first  week  of  each  month,  the  said  Police  Board  shall  send 
to  the  captains  of  police  of  the  various  precincts  of  The  City 
of  New  York  a  list  of  licenses  and  permits  granted  affecting 
their  respective  precincts,  with  the  names  of  persons  to 
whom  granted,  location  of  stand  or  business,  and  date  of 
expiration  of  such  permit  or  license,  and  also  a  list  of  all 
licenses  or  permits  expiring  the  month  for  which  the  report 
is  sent.     (Ord.  app.  Dec.  24,  1901.) 

§  372.  Upon  a  written  revocation  by  the  owners  in 
front  of  or  adjoining  whose  property  any  such  booth  (or) 
stand  shall  have  been  erected,  of  any  consent  which  shall 
have  been  gfiven  therefor,  signed  by  such  owner  or  owners 
and  filed  in  the  office  of  the  Mayor,  it  shall  be  the  duty  of 
the  Mayor  to  revoke  the  license  or  permit  for  such  booth 
or  stand  and  the  same  shall  thereupon  cease,  determine  and 
become  null  and  void.  (R.  O.  1897,  sec.  676,  with  verbal 
changes.) 

Title  3. —  General  Regulations  and  Complaints. 

§  373.  All  license  fees  received  by  the  Bureau  of  Licenses 
shall  be  regularly  paid  over  to  the  City  Treasury,  except 
the  license  fees  received  from  hackmen,  dealers  in  junk  and 
second-hand  articles,  and  for  stands  within  stoop-lines, 
which  shall  be  paid  into  the  Sinking  Funds  for  the  Redemp- 
tion of  the  City  Debt.     (Ord.  app.  May  22,  1899,  sec.  56.) 

§  374.  The  Mayor  shall  have  power  to  appoint  inspectors 
In  the  Bureau  of  Licenses  to  see  that  the  provisions  of  this 
ordinance  are  fully  and  properly  complied  wdth;  and  all 
licensed  vehicles  and  places  of  business  shall  be  regularly 
inspected,  and  the  result  of  such  inspection  shall  be  indorsed 
on  the  official  license  therefor,  together  with  the  date  of 
inspection  and  the  signature  of  the  inspector,  and  all  inspec- 
tions shall  be  regularly  reported  to  the  Bureau  of  Licenses. 
(Id.,  sec.  57.) 


88     CODE  OF  OEDINAKCES  OF  THE  CITY  OF  NEW  YORK. 

§  375.  Every  licensee  shall  have  the  official  license  and 
exhibit  the  same  upon  the  demand  of  any  person;  and  shall 
report  within  three  days  to  the  Bureau  of  Licenses  any 
change  of  residence  or  place  of  business;  and  shall  at  all 
times  perform  the  public  duties  of  the  business  licensed  when 
called  upon  so  to  do,  if  not  actually  unable.     (Id.,  sec.  58.) 

§  376.  All  words,  letters  and  numbers  hereinbefore  pre- 
scribed for  licensed  vehicles  shall  be  shown  permanently 
and  conspicuously  on  each  outside  thereof  in  colors  con- 
trasting- strongly  with  background,  and  not  less  than  two 
inches  high,  as  directed  and  approved  by  the  Mayor  or  Chief 
of  the  Bureau  of  Licenses,  and  shall  be  kept  legible  and 
plainly  visible  at  all  times  during  the  term  of  the  license; 
and  shall  be  obliterated  or  erased  upon  change  of  ownership 
or  expiration  of  the  license;  and  no  person  shall  have  or  use 
any  vehicle  with  words,  letters  or  numbers  thereon  like 
those  herein  prescribed  for  licensed  vehicles  without  being 
duly  licensed  therefor.     (Id.,  sec.  59.) 

§  377.  Every  licensed  hackman,  whenever  with  a  hack  or 
waiting  for  employment  anywhere  in  The  City  of  New  York; 
every  licensed  peddler  while  peddling;  every  person  while 
using  a  licensed  junk  cart  or  boat,  and  every  licensed  ticket 
speculator  while  acting  as  such,  shall  wear  conspicuously 
on  the  left  breast  of  the  outer  coat  a  metal  badge,  of  a  shape, 
size  and  style  approved  by  the  Mayor  or  Chief  of  the  Bureau 
of  Licenses,  and  furnished  by  said  Bureau,  having  engraved 
or  embossed  thereon  the  official  designation  and  number  of 
the  license,  together  with  the  words  "  New  York  City." 
(Id.,  sec.  60.) 

§  378.  The  Chief  of  the  Bureau  of  Licenses,  or  Deputy 
Chief,  shall  have  power  to  hear  and  determine  complaints 
against  licensees  hereunder  and  impose  a  fine  of  not  more 
than  five  dollars  or  less  than  one  dollar  for  any  violation  of 
the  regulations  herein  provided,  subject  to  the  approval  of 
the  Mayor,  who  shall  have  power  to  suspend  the  license 
pending  payment  of  such  fine.  All  such  fines,  when  col- 
lected, shall  be  paid  into  the  Sinking  Fund  for  the  Redemp- 
tion of  the  City  Debt.     (Id.,  sec.  61.) 

Title  4. —  Violations. 

§  379.  Except  as  hereinbefore  otherwise  provided,  no  per- 
son shall  violate  any  of  the  regulations  of  this  ordinance 
under  a  penalty  of  not  less  than  two  dollars  or  more  than 
ten  dollars  for  each  offense.  No  such  violation  shall  be 
continued  under  a  penalty  of  one  dollar  for  each  day  so 
continued.  Any  person  engaging  in  or  carrying  on  any  busi- 
ness herein  regulated  without  a  license  therefor,  or  any 
person  violating  any  of  the  regulations  of  this  ordinance, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  by  any  magistrate,  either  upon  confession  of 
the  party  or  competent  testimony,  may  be  fined  not  more 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  89 

than  two  dollars  ($2)  for  each  offense,  and  in  default  of  pay- 
ment of  such  fine  may  be  committed  to  prison  by  such  mag- 
istrate until  the  same  be  paid;  but  such  imprisonment  shall 
not  exceed  ten  days.  (Id.,  sec.  62,  as  amended  April  7,  1900.) 
It  should  be  noted  that  this  provision  provides  the  penalty  for 
all  sections  in  chapter  7,  beginning  with  section  300,  to  section  378, 
inclusive.  Two  separate  remedies  are  authorized,  one  a  suit  in  a 
civil  action  to  recover  a  penalty,  the  other  a  criminal  proceeding 
before  a  City  Magistrate  for  a  misdemeanor,  where  a  fine  may  be 
imposed. 

Chapter  8. —  Weights  and  Measures. 

§  380.  There  shall  be  a  Mayor's  Bureau  of  Weights  and 
Measures  in  The  City  of  New  York,  in  charge  of  an  Inspector 
of  Weights  and  Measures,  to  be  appointed  by  the  Mayor  and 
removable  by  him  at  his  pleasure,  who  shall  be  paid  a  salary 
of  $2,500  per  annum.  The  Sealers  and  Inspectors  of  Weights 
and  Measures  shall  hereafter  be  known  as  Deputy  Inspectors 
of  Weights  and  Measures,  and  they  and  their  successors 
shall  each  receive  a  salary  of  $1,500  per  annum  and  be 
removable  by  the  Mayor  at  pleasure.  (Ord.  app.  March  18, 
1904,  sec.  1.) 

The  old  ordinance  covering  this  general  article  was  approved 
May  31,  1898.  Section  49  of  the  Greater  New  York  Charter  gives 
the  Board  of  Aldermen  power  to  enact  ordinances:  "1.  In  relation 
to  the  inspection  and  sealing  of  weights  and  measures  by  vendors." 
Such  power  held  valid.  People  ex  rel.  Gould  vs.  City  of  Rochester, 
45  Hun,  102.  But  no  fees  could  be  demanded  for  weighing  unless 
specially  authorized  by  legislature.  Ford  vs.  N.  Y.  Central  R.  R. 
Co.,  33  App.  Div.  474.    See  People  vs.  Edelstein,  91  App.  Div.  447. 

§  381.  The  present  Sealers  and  Inspectors  of  Weights  and 
Measures  shall  continue  to  hold  office  as  Deputy  Inspectors 
of  Weights  and  Measures.  Any  vacancy  which  shall  here- 
after occur  shall  be  filled  by  appointment  by  the  Mayor, 
(id.,  sec.  2.) 

§  382.  Said  Inspector  and  each  of  said  Deputy  Inspectors 
of  Weights  and  Measures  shall,  before  entering  upon  the 
duties  of  his  office,  execute  to  The  City  of  New  York  a  bond, 
with  one  or  more  sufficient  sureties  to  be  approved  by  the 
Mayor,  in  the  penal  sum  of  $2,000,  conditioned  for  the  faith- 
ful performance  of  the  duties  of  his  office.     (Id.,  sec.  3.) 

§  383.  All  persons  using  weights  and  measures,  scale 
beams,  patent  balances,  steelyards  or  any  other  instrument 
in  weighing  or  measuring  any  article  intended  to  be  pur- 
chased or  sold  in  The  City  of  New  York,  shall  cause  the 
same  to  be  sealed  and  marked  by  a  Deputy  Inspector  of 
Weights  and  Measures  of  said  city.     (Id.,  sec.  4.) 

§  384.  Any  person  who  shall,  in  weighing  or  measuring 
any  article  for  purchase  or  sale  within  The  City  of  New 
York,  use  any  weight,  measure,  scale  beam,  patent  balance, 
steelyard  or  other  instrument  not  sealed  and  marked  as 
herein  required,  shall  forfeit  and  pay  the  sum  of  fifty  dollars 
for  each  and  every  offense.     (Id.,  sec.  5.) 

§  385.  All  weights,  measures,  scale  beams,  patent  bal- 
ances, steelj^ards  and  other  instruments  for  weighing,  to  bQ 


90  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YOBK. 

sealed  and  adjusted  by  a  Deputy  Inspector  of  Weights  and 
Measures  in  The  City  of  New  York,  shall  be  made  to  conform 
to  the  standard  of  the  State,  and  shall  be  marked  by  him 
with  the  initials  of  his  name  and  the  date  on  which  the 
same  shall  be  sealed  and  marked. 

"  Upon  the  written  request  of  any  resident  of  The  City  of 
New  York,  the  Inspector  of  Weights  and  Measures  shall  test 
or  cause  to  be  tested,  within  a  reasonable  time  after  the 
receipt  of  such  request,  the  weights,  measures,  scale  beams, 
patent  balances,  steelyards  or  other  instruments  used  in 
buying  or  selling  by  the  person,  firm  or  corporation  desig- 
nated in  such  request."     (Id.,  sec.  6.) 

§  386.  If  any  person  shall  use,  in  The  City  of  New  York, 
in  w^eighing  or  measuring,  as  aforesaid,  any  w^eight,  measure, 
scale  beam,  patent  balance,  steel  yard  or  other  instrument, 
which  shall  not  conform  to  such  standard,  or  shall  use  in 
weighing  aforesaid,  any  scale  beam,  patent  balance,  steel- 
yard or  other  instrument  which  shall  be  out  of  order  or 
incorrect,  or  which  shall  not  balance,  he,  she  or  they  shall 
forfeit  and  pay  for  every  such  offense  the  sum  of  twenty- 
five  dollars.     (Id.,  sec.  7.) 

In  a  suit  to  recover  the  penalty  where  only  one  section  was  in 
evidence,  held  the  previous  sections  of  the  ordinance  must  be 
introduced  in  evidence  to  show  what  was  the  meaning  of  the  words 
"aforesaid"  and  "such  standard."  City  of  N.  Y.  vs.  Spatz,  85 
N.  Y.  Supp.  353.  This  ordinance  is  aimed  at  the  use  of  a  defective 
weight  and  not  at  an  intentional  alteration.  Proof  of  guilty  intent 
is  not  required.    City  of  N.  Y.  vs.  Hewitt,  91  App.  Div.  446. 

§  387.  The  Inspector  shall  keep  a  register  of  the  name  of 
each  person,  firm  or  corporation  whose  weights,  measures, 
scale  beams,  patent  balances,  steelyards  or  other  instru- 
ments have  been  inspected,  together  with  the  number  and 
size  of  same,  and  what  of  each  was  approved  and  what  con- 
demned, with  the  date  of  inspection,  and  such  record  shall 
be  open  to  the  inspection  of  the  public  at  all  reasonable 
times.     (Id.,  sec.  8.) 

§  388.  No  person  shall  sell  or  offer  for  sale  in  any  market 
or  in  the  public  streets  or  in  any  other  place  in  The  City  of 
New  York  any  fruits,  vegetables  or  berries  in  crates,  bas- 
kets or  other  measures,  or  any  butter  in  prints,  or  any  ice 
or  coal  or  other  fuel  at  or  for  a  greater  weight  or  measure 
than  the  true  measure  thereof;  and  all  ice,  coal,  coke,  meats, 
poultry  and  provisions  (except  vegetables  sold  by  the  head 
or  bunch)  of  every  kind,  sold  in  the  streets  or  elsewhere  in 
The  City  of  New  York,  shall  be  weighed  or  measured  by 
scales,  measures  or  balances,  or  in  measures  duly  tested  and 
stamped  by  the.  Inspector  or  Deputy  Inspectors  of  Weights 
and  Measures;  provided  that  poultry  may  be  offered  for  sale 
and  sold  in  other  manner  than  by  weight,  but  in  all  cases 
where  the  persons  intending  to  purchase  shall  so  desire  and 
request  poultry  shall  be  weighed  as  herebefore  provided. 
(Id.,  sec.  9.) 

§  389.  Any  weights  or  scales  found  by  the  Deputy 
Inspector  in  use  in  anjr  market  or  in  the  public  streets, 


CODE  OF  ORDINANCES  OF  THE  CITY  OF   NEW  YORK.  91 

which  upon  being  tested  are  found  to  be  short  in  weight  by 
one-quarter  of  a  pound  or  upwards,  may  be  summarily  con- 
fiscated and  destroyed.     (Id.,  sec.  10.) 

By  the  provisions  of  the  Penal  Code,  sections  582-584,  power  was 
given  peace  officers  to  seize  any  false  weights  and  measures  and 
deliver  the  same  to  a  magistrate  who  should  test  the  same  by  com- 
parison with  standards  comformable  to  law,  and  if  found  to  be 
false,  the  magistrate  could  destroy  them  or  turn  them  over  to  the 
District  Attorney  to  be  used  as  justice  should  require. 

§  390.  No  person  shall  sell  or  supply  any  coal  or  coke 
within  the  limits  of  The  City  of  New  York,  unless  there 
shall  be  delivered  to  the  person  in  charge  of  the  wagon 
or  conveyance  used  in  such  delivery  a  certificate  duly  signed 
by  the  person  selling  such  fuel,  showing  the  weight  of  the 
fuel  proposed  to  be  delivered,  the  weight  of  the  wagon  or 
conveyance  used  in  such  delivery,  the  total  weights  of  fuel 
and  conveyance  and  the  name  of  the  purchaser.  (Id.,  sec.  11.) 

This  and  the  next  section  are  taken  from  the  State  law  on  the 
subject.    See  L,.  1900,  ch.  327,  art.  10,  sec.  150,  151. 

That  such  an  act  is  valid  is  unquestionable.  Where  it  was 
required  to  have  coal  weighed  by  city  weighers,  the  requirement 
was  held  not  to  be  void  as  in  restraint  of  trade  or  unreasonable. 
Stokes  vs.  Corporation,  14  Wend.  87. 

§  391.  No  person  in  charge  of  a  wagon  or  conveyance 
used  in  delivering  coal,  coke  or  other  fuel,  to  whom  the 
certificate  mentioned  in  the  previous  section  has  been  given, 
shall  neglect  or  refuse  to  supply  such  certificate  to  the 
Inspector  or  Deputy  Inspector  of  Weights  and  Measures, 
or  to  any  person  designated  by  either  of  them,  or  to  the 
purchaser  or  intending  purchaser  of  the  fuel  being  deliv- 
ered; and  when  the  said  officer  or  person  so  designated,  or 
the  intending  purchaser,  shall  demand  that  the  weight 
shown  by  such  certificate  be  verified,  it  shall  be  the  duty  of 
the  person  delivering  such  fuel  to  convey  the  same  forth- 
with to  some  public  scale  in  the  district,  or  to  any  private 
scale  the  owner  whereof  shall  consent  to  such  use  and  per- 
mit the  verifying  of  the  weight  shown,  and  shall  after  the 
delivery  of  such  fuel  return  forthwith  with  the  wagon  or 
conveyance  used  to  the  same  scale  and  verify  the  weight  of 
said  wagon  or  conveyance.     (Id.,  sec.  12.) 

§  392.  It  shall  be  the  duty  of  the  Deputy  Inspectors  of 
Weights  and  Measures,  and  each  of  them  is  hereby  author- 
ized, to  inspect,  examine,  test  and  seal,  at  least  once  in  each 
year,  and  as  much  oftener  as  the  Inspector  of  Weights  and 
Measures  may  deem  proper,  the  weights,  measures,  scale 
beams,  patent  balances,  steelyards  and  other  instruments 
used  in  The  City  of  New  York  in  weighing  and  measuring  as 
aforesaid.     (Id.,  sec.  13.) 

§  393.  No  person  shall  refuse  to  exhibit  any  weights, 
measures,  scale  beams,  patent  balances,  steelyards  or  other 
instruments  to  any  of  said  Inspectors  for  the  purpose  of 
being  so  inspected  and  examined,  under  the  penalty  of 
twenty-five  dollars  for  every  such  offense.     (Id.,  sec.  14.) 

§  394.  No  person  shall  in  any  way  or  manner  obstruct, 
hinder  or  molest  any  Inspector  of  Weights  and  Measures  in 


9^     CODE  OF  OEDINANCES  OF  THE  CITY  OF  NEW  VORK. 

the  perf  orinance  of  his  duties  as  hereby  imposed  upon  him, 
under  a  penalty  upon  every  such  person  of  twenty-five  dol- 
lars for  every  such  offense.     (Id.,  sec.  15.) 

§  395.  All  weights,  scale  beams,  patent  balances,  steel- 
yards and  other  instruments  used  for  weighing  shall  be 
inspected  and  sealed  at  the  stores  and  places  where  the 
same  may  be  used;  but  in  case  they  or  any  of  them  shall  be 
found  not  to  conform  to  the  standard  of  this  State,  the 
owner  thereof  shall  within  five  days,  at  his  expense,  have 
the  same  so  altered  and  repaired  as  to  conform  it  to  the 
said  standard  of  the  State,  under  the  penalty  of  ten  dollars 
for  such  neglect.     (Id.,  sec.  16.) 

§  396.  It  shall  be  the  duty  of  each  of  the  said  Inspectors 
to  make  a  record  and  certificate  as  hereinafter  provided  of 
all  the  weights,  measures,  scale  beams,  patent  balances, 
steelyards  and  other  instruments  used  for  weighing  and 
measuring  inspected  by  him,  in  which  he  shall  state  the 
names  of  the  owners  of  the  same,  and  whether  they  are 
conforming  to  the  standard  of  the  State.     (Id.,  sec.  17.) 

§  397.  It  shall  be  the  duty  of  the  Deputy  Inspector  of 
Weights  and  Measures  to  report  promptly  to  the  Inspector 
of  Weights  and  Measures  the  names  of  all  persons  whose 
weights,  measures  and  other  instruments  for  weighing  and 
measuring  shall  be  found  to  be  incorrect.     (Id.,  sec.  18.) 

§  398.  It  shall  also  be  the  duty  of  said  Deputy  Inspectors 
to  file  monthly  reports  with  the  Inspector  of  Weights  and 
Measures,  and  to  make  such  other  and  further  reports  and 
keep  such  further  records  as  may  be  required  from  time  to 
time  by  said  Inspector.     (Id.,  sec.  19.) 

§  399.  It  shall  be  the  duty  of  the  Inspector  of  Weights 
and  Measures  to  report  forthwith  to  the  Corporation  Coun- 
sel the  names  and  places  of  business  of  all  persons  violating 
any  of  the  provisions  of  this  chapter,  and  of  all  persons 
making  use  of  any  fraudulent  or  unsealed  weights,  measures, 
scales  or  other  instruments  for  weighing  or  measuring. 
(Id.,  sec.  20.) 

§  400.  It  shall  not  be  lawful  for  the  said  Inspector  or 
Deputy  Inspector  to  vend  any  weights,  measures,  scale 
beams,  patent  balances,  steelyards  or  other  instruments  to 
be  used  for  weighing  or  measuring,  or  to  offer  or  expose 
the  same  for  sale  in  The  City  of  New  York,  under  the  pen- 
alty of  fifty  dollars  for  every  such  offense.     (Id.,  sec.  21.) 

§  401.  Each  Deputy  Inspector  shall  give  a  certificate  to 
the  owner  of  the  weights  or  measures  inspected,  and  shall 
keep  a  record  of  such  certificate  given  on  a  corresponding 
stub.  The  certificates  and  corresponding  stubs  shall  be 
numbered  consecutively.  The  books  containing  the  stubs, 
after  the  corresponding  certificates  have  been  given  out, 
shall  become  a  public  record.  The  Inspector  shall  be 
authorized,  when  required,  to  certify  extracts  from  these 
records.     (Id.,  sec.  22.) 


CODE  OF  OtlDINA^rCES  Ol-'  THE  CITY  OF  KEW  YOUK.  03 

§  402.  All  complaints  ag-ainst  Deputy  Inspectors  of 
Weights  and  Measures  shall  be  lodged  with  the  Inspector  of 
Weights  and  Measures,  and  by  him  reported,  with  his 
recommendation  thereon,  to  the  Mayor  for  his  final  action. 
(Id.,  sec.  23.) 

§  403.  The  Deputy  Inspector  shall  be  assigned  for  service 
by  the  Inspector  to  such  district  as  he  may  deem,  proper. 
Whenever  any  Deputy  Inspector  shall  resign  or  be  removed 
from  office,  it  shall  be  his  duty  to  deliver  at  the  office  of  the 
Inspector  of  Weights  and  Measures  all  the  standard  weights 
and  measures  and  other  official  property  in  his  possession. 
(Id.,  sec.  24.) 

Chapter  9. —  Cleaning  Streets  and  Sidewalks. 

§  404.  No  person  or  persons  shall  throw,  cast  or  lay,  or 
direct,  suffer  or  permit  any  servant,  agent  or  employee  to 
throw,  cast  or  lay  any  ashes,  offal,  vegetables,  garbage, 
dross,  cinders,  shells,  straw,  shavings,  paper,  dirt,  filth  or 
rubbish  of  any  kind  whatsoever  in  any  street  in  The  City 
of  New  York,  either  upon  the  roadway  or  sidewalk  thereof, 
except  that  in  the  morning  before  eight  o'clock  or  before 
the  first  sweeping  of  the  roadway  by  the  Department  of 
Street  Cleaning,  in  the  Boroughs  of  Manhattan,  Brooklyn 
and  The  Bronx,  dust  from  the  sidewalk  may  be  swept  into 
the  gutter,  if  there  piled,  but  not  otherwise,  and  at  no  other 
time. 

The  wilful  violation  of  any  of  the  foregoing  provisions  of 
this  section  shall  be  and  is  hereby  declared  to  be  a  mis- 
demeanor, and  shall  be  punished  by  a  fine  of  not  less  than 
one  dollar  nor  more  than  ten  dollars,  or  by  imprisonment 
for  a  term  of  not  less  than  one  nor  more  than  five  days. 
(Ord.  app.  Aug.  6,  1902,  sec.  1.) 

§  405.  No  persons  other  than  an  authorized  employee  or 
agent  of  the  Department  of  Street  Cleaning,  or  the  Bureau 
of  Street  Cleaning  in  the  Boroughs  of  Queens  or  Richmond, 
shall  disturb  or  remove  any  ashes,  garbage  or  light  refuse 
or  rubbish  placed  by  householders,  or  their  tenants,  or  by 
occupants  or  their  servants,  within  the  stoop 'or  area  line, 
or  in  front  of  houses  or  lots,  for  removal,  unless  requested 
by  residents  of  house.     (Id.,  sec.  2.) 

§  406.  All  persons  and  corporations  engaged  in  sprinkling 
the  streets,  lanes  or  highways  of  The  City  of  New  York  shall 
be  required  to  contract  with  the  Commissioner  of  Water 
Supply,  Gas  and  Electricity  for  the  purchase  and  sale  of  the 
water  necessary  therefor,  and  obtain  the  approval  of  the 
President  of  the  Borough  to  such  contract,  but  in  no  case 
shall  there  be  contracted  for  or  used  more  water  than  shall 
be  sufficient  to  thoroughly  lay  the  dust  on  such  streets, 
lanes  and  highways. 

Every  street  railroad  corporation  in  the  Boroughs  of 
Richmond  and  Queens  shall  sprinkle  the  pavement  between 
its  tracks  and  rails  when  and  as  often  as  directed  so  to  do 


94  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

by  the  Superintendent  of  Highways.  Water  shall  be  fur- 
nished for  this  purpose  free  of  charge  by  The  City  of  New 
York.     (Id.,  sec.  3.) 

§  407.  No  one  being  the  owner,  driver,  manager,  or  con- 
ductor of  any  cart  or  other  vehicle,  or  of  any  receptacle, 
shall  scatter,  drop  or  spill,  or  permit  to  be  scattered, 
dropped  or  spilled,  any  dirt,  sand,  gravel,  clay,  loam,  stone 
or  building  rubbish,  or  hay,  straw,  oats,  sawdust,  shavings 
or  other  light  materials  of  any  sort,  or  manufacturing, 
trade  or  household  waste,  refuse,  rubbish  of  any  sort,  or 
ashes  or  manure,  garbage  or  other  organic  refuse  or  other 
offensive  matter  therefrom,  or  permit  the  same  to  be  blown 
off  therefrom  by  the  wind,  in  or  upon  any  street,  avenue  or 
public  place.     (Id.,  sec.  4.) 

§  408.  No  person  shall  throw,  cast  or  distribute  in  or 
upon  any  of  the  streets,  avenues  or  public  places,  or  in  front 
yards  or  stoops,  any  hand  bills,  circulars,  cards  or  other 
advertising  matter  whatsoever.     (Id.,  sec.  5.) 

§  409.  Every  owmer,  lessee,  tenant,  occupant,  or  other 
person  having  charge  of  any  building  or  lot  of  ground  in 
the  city,  abutting  upon  any  street,  avenue  or  public  place 
where  the  sidewalk  is  paved,  shall,  within  four  hours  after 
the  snow  ceases  to  fall,  or  after  the  deposit  of  any  dirt  or 
other  material  upon  said  sidewalk,  remove  the*  snow  and  ice, 
dirt  or  other  material  from  the  sidewalk  and  gutter,  the 
time  between  nine  P.  M.  and  seven  A.  M.  not  being  included 
in  the  above  period  of  four  hours;  provided,  however,  that 
such  removal  shall  in  all  such  cases  be  made  before  the 
removal  of  snow  and  ice  from  the  roadway  by  the  Commis- 
sioner of  Street  Cleaning,  or  by  the  Borough  President  of 
Queens  or  Richmond,  or  subject  to  the  regulations  of  said 
Commissioner  of  Street  Cleaning  or  of  said  Borough  Presi- 
dent of  Queens  or  Richmond,  for  the  removal  of  snow  and 
ice,  dirt  and  other  material,  except  that  in  the  Boroughs  of 
Queens  and  Richmond  any  owner,  lessee,  tenant  or  occupant 
or  other  person  who  has  charge  of  any  ground  abutting 
upon  any  paved  street,  avenue  or  public  place  for  a  linear 
distance  of  500  feet  or  more,  shall  be  considered  to  have 
complied  with  this  ordinance  if  such  person  shall  have  begun 
to  remove  the  snow  and  ice  from  the  sidewalk  and  gutter 
before  the  expiration  of  the  said  four  hours,  and  shall  con- 
tinue such  removal  and  shall  complete  it  within  a  reasonable 
time.     (Id.,  sec.  6,  revised  by  ord.  app.  March  23,  1903.) 

This  is  the  so-called  "  snow  and  ice "  ordinance.  Section  690, 
R.  O.  1897,  required  the  removal  to  be  within  eight  hours.  Section 
317  of  oh.  8,  R.  O.  1880,  only  allowed  four  hours.  The  ordinance  has 
been  frequently  amended,  May  16,  1882;  July  9,  1888,  and  March  18, 
1902.  The  city  is  authorized  to  pass  such  a  law  as  a  police  regula- 
tion, section  43,  Greater  New  York  Charter,  and  when  within  the 
power  delegated  to  it  by  the  legislature  such  an  ordinance  has 
equal  force  and  effect  as  a  statute  of  the  legislature.  Village  of 
Carthage  vs.  Frederick,  122  N.  Y.  268.  Although  a  sidewalk  be  not 
flagged  in  its  entire  width,  an  owner  must  clean  off  the  flagged 
portions.    City  of  N.  Y.  vs.  Brown,  27  Misc.  218. 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  95 

§  410.  In  case  the  snow  and  ice  on  the  sidewalk  shall  be 
frozen  so  hard  that  it  cannot  be  removed  without  injury  to 
the  pavement,  the  owner,  lessee,  tenant,  occupant  or  other 
person  having  charge  of  any  building  or  lot  of  ground  as 
aforesaid,  shall,  vdthin  the  time  specified  in  the  last  pre- 
ceding section,  cause  the  sidewalk  abutting  on  the  said 
premises  to  be  strewed  with  ashes,  sand,  sawdust,  or  some 
similar  suitable  material,  and  shall,  as  soon  thereafter  as 
the  weather  shall  permit,  thoroughly  clean  said  sidewalk. 
(Id.,  sec.  7.) 

§  411.  Any  and  all  contractors,  or  any  other  person  or 
persons,  no  matter  how  termed,  are  hereby  forbidden, 
restrained  and  are  never  to  be  permitted  to  dump,  throw, 
empty,  convey  or  cause  to  be  conveyed  for  the  purpose  of 
dumping,  any  snow,  ice  or  water  in  a  vacant  lot  or  tract  of 
land,  if  such  lot  or  tract  of  land  be  within  a  radius  of  300 
feet  of  a  dwelling,  factory,  school,  any  public  building  or 
any  place  of  business.     (Ord.  app.  April  8,  1902.) 

§  412.  No  person  shall  throw,  place  or  pile,  or  assist 
others  in  throwing,  placing  or  piling  any  snow,  ice  or  other 
impediment  or  obstruction  to  the  running  of  the  cars  of  any 
city  railroad  company,  upon  the  tracks  of  such  company,  or 
in  the  space  between  the  rails  thereof,  or  in  the  space 
between  the  tracks,  and  a  line  distant  three  feet  outside 
of  such  rails,  under  a  penalty  of  ten  dollars  for  each  oifense. 
(Sec.  10  of  article  6  of  chapter  3,  Brooklyn  Ordinances.) 

§  413.  Every  person  who  shall  throw,  expose  or  place,  or 
who  shall  cause  or  procure  to  be  thrown,  exposed  or  placed 
in  or  upon  any  street,  highway  or  public  place,  except  upon 
the  curves,  crossings  or  switches  of  railroad  tracks,  any 
salt,  saltpetre  or  other  substance  for  the  purpose  of  dis- 
solving any  snow  or  ice  which  may  have  fallen  or  been 
deposited  thereon,  shall  be  guilty  of  a  misdemeanor.  It 
shall  not  be  lawful  for  any  person  to  throw  or  place  upon 
the  curves,  crossings  or  switches  of  railroad  tracks  any 
salt,  saltpetre  or  other  substance  for  the  purpose  of  dis- 
solving snow  or  ice  unless  permission  therefor  be  first 
obtained  from  the  respective  Borough  Presidents.  (R.  O. 
1897,  sec.  693.) 

§  414.  Whenever  any  owner,  lessee,  tenant,  occupant  or 
other  person  having  charge  of  any  building  or  lot  of  ground 
abutting  upon  any  street  or  public  place  where  the  sidewalk 
is  paved  shall  fail  to  comply  with  the  provision  of  any  ordi- 
nance of  the  city  for  the  removal  of  snow  and  ice,  dirt,  or 
other  material  from  the  sidewalk  and  gutter  in  the  street, 
on  the  side  of  the  street  on  which  such  building  or  lot 
abuts,  the  Commissioner  of  Street  Cleaning  or  the  Borough 
President  of  Queens  or  Richmond  may  cause  such  removal 
to  be  made,  meeting  such  expense  from  any  suitable  street 
cleaning  or  highway  fund  and  thereafter  the  expense  of  such 
removal  as  to  each  particular  lot  of  ground  shall  be  ascer- 
tained  and   certified  by   the   said   Commissioner   of    Street 


96     CODE  OF  ORD-INANCES  OF  THE  CITY  OF  NEW  YORK. 

Cleaning-  or  by  the  President  of  Queens  or  Richmond  to  the 
Comptroller  or  the  city,  and  the  Board  of  Estimate  and 
Apportionment  may  authorize  such  additional  expenditures 
as  may  be  required  for  the  said  removal  of  such  ice  and 
snow,  dirt,  or  other  material,  to  be  repaid  to  the  fund  from 
which  the  payments  were  made,  or  instead,  in  the  Boroughs 
of  Queens  or  Richmond  to  the  special  fund  restoring  and 
repaying  in  said  boroughs,  if  the  Presidents  of  these  bor- 
oughs so  elect,  with  proceeds  from  the  issue  and  sale  of 
revenue  bonds  which  shall  be  sold  by  the  Comptroller,  as 
provided   by  law. 

The  Commissioner  of  Street  Cleaning  or  Borough  Presi- 
dents of  Queens  or  Richmond  shall,  as  soon  as  possible,  after 
the  work  is  done,  certify  to  the  Corporation  Counsel  the 
amount  of  the  expense  chargeable  against  each  piece  of 
property. 

The  Corporation  Counsel  is  hereby  directed  and  author- 
ized to  sue  for  and  recover  the  amount  of  this  expense, 
together  wath  three  (3)  dollars  penalty  for  each  offense, 
and  when  so  recovered  the  amount  shall  be  turned  over  to 
the  City  Chamberlain  to  be  deposited  to  the  credit  of  the 
g-eneral  fund  of  The  City  of  New  York  for  the  redemption 
of  taxation.     (Ord.  app.  March  23,  1903,  sec.  8.) 

§  415.  It  shall  be  the  duty  of  the  Commissioner  of  Street 
Cleaning  and  the  Borough  Presidents  of  Queens  and  Rich- 
mond, immediately  after  every  snowfall  or  the  formation  of 
ice  on  the  crosswalks  or  in  the  culverts  or  paved  streets, 
avenues  or  public  places,  forthwith  to  cause  the  removal  of 
said  snow  and  ice  from  the  said  crosswalks  and  culverts,  and 
to  keep  the  crosswalks  and  culverts  aforesaid  clean  and 
free  from  obstruction.     (Id.,  sec.  9.) 

§  416.  Every  street  railroad  corporation  shall  remove  all 
the  snow  and  ice  from  its  tracks  and  the  spaces  between, 
and  shall  not  throw  the  same  on  either  side  thereof,  and 
shall  immediately  carry  away  and  dispose  of  the  same  under 
the  direction  of  the  Commissioner  of  Street  Cleaning,  or 
the  Borough  President  of  Queens  or  Richmond  under  a  fine 
of  $100  for  every  city  block  in  length  in  which  the  said  cor- 
poration shall  fail  to  so  remove  and  dispose  of  the  same,  as 
aforesaid;  provided,  however,  that  for  the  more  speedy 
and  effective  removal  of  snow  and  ice  from  the  paved  streets, 
avenues  and  public  places  of  the  city,  the  Commissioner  of 
Street  Cleaning  and  the  Borough  Presidents  of  Queens  and 
Richmond  shall  have  power  and  authority  in  their  respective 
boroughs  to  enter  into  agreements  for  the  entire  winter 
season,  or  part  thereof,  with  any  street  surface  railroad 
or  other  railroad  having  tracks  in  the  city  for  the  removal  of 
snow  and  ice  for  the  entire  width  of  the  street,  avenue  or 
public  place,  from  house-line  to  house-line,  at  any  part  of 
the  route  of  the  said  railroad,  provided  that  nothing  in  said 
agreements  shall  be  inconsistent  with  any  law  of  the  State 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  97 

of  New  York  or  with  any  right  of  The  City  of  New  York. 
(Id.,  sec.  10.) 

§  417.  It  shall  not  be  lawful  for  any  surface  railroad 
company  or  other  company,  or  any  corporation  or  person 
whatever,  or  the  officers,  agents  or  servants  thereof,  to 
cause  or  allow  any  snow  plow,  sweeping  machine  or  other 
similar  instrument  to  pass  over  the  tracks  or  lines  used  by 
them  within  the  limits  of  the  city  unless  by  the  written  per- 
mit of  the  Commissioner  of  Street  Cleaning  or  the  Borough 
President  of  Queens  or  Richmond;  any  violation  of  this  sec- 
tion shall  be  punished  by  a  fine  not  exceeding  $100  for  each 
such  offense. 

No  such  permit  or  renewal  thereof  shall  be  granted  except 
upon  the  condition  and  agreement  upon  the  part  of  the  com- 
pany applying  for  such  permit  or  renewal  that  the  party  to 
whom  the  said  permit  has  been  granted  shall  and  will,  at  his 
own  expense,  promptly  remove  and  carry  away  the  snow 
thrown  up  by  such  plow  or  machine,  and  that  such  snow 
plow,  sweeping  machine  or  other  instrument  shall  be  so 
constructed  as  not  to  throw  any  slush  or  snow  upon  the 
sidewalks  or  buildings,  under  a  penalty  of  ten  dollars  for 
every  house  or  sidewalk  in  front  thereof  upon  which  slush 
or  snow  shall  be  thrown. 

No  such  permit  or  renewal  shall  be  gfranted  unless  the 
party  to  whom  granted  shall  expressly  covenant,  stipulate 
and  agree  that  in  case  of  its  failure,  neglect  or  omission  to 
promptly  remove  and  carry  away  the  snow  and  ice  thrown 
up  by  such  snow  plow  or  other  instrument,  then  the  same 
may  be  removed  under  the  direction  of  the  Commissioner 
of  Street  Cleaning  or  the  Borough  President  of  Queens  or 
Richmond,  and  the  expense  of  removing  the  same  shall  be 
paid  by  the  said  party  to  the  said  commissioner  or  the 
Borough  President  of  Queens  or  Richmond,  on  demand,  and 
the  Board  of  Estimate  and  Apportionment  may  authorize 
that  the  amount  or  amounts  of  money  so  paid  shall  be  cred- 
ited to  the  appropriation  for  street  cleaning,  in  the  respect- 
ive boroughs,  for  the  removal  of  snow  and  ice;  but  nothing 
herein  contained  shall  be  deemed  to  prohibit  said  Commis- 
sioner or  Borough  Presidents  from  demanding,  before  issu- 
ing said  permit,  and  as  a  condition  thereof,  the  deposit  of 
such  sum  of  money  or  other  security  as  in  their  judgment 
may  be  necessary  to  pay  the  cost  of  properly  performing 
the  work  above  mentioned,  together  with  the  expense  of 
the  inspection  thereof. 

In  case  of  neglect  or  refusal  or  omission  of  the  party  to 
whom  such  permit  may  be  granted  promptly  to  remove  and 
to  carry  away  the  snow  and  ice  thrown  up  by  such  plow  or 
other  instrument,  then  the  Commissioner  of  Street  Cleaning 
or  the  Borough  President  of  Queens  or  Richmond  may  forth- 
with cause  the  same  to  be  removed  at  the  public  expense, 
and  all  expenditures  made  or  incurred  therefor  shall  be 
chargeable  upon  the  party  so  neglecting,  refusing*  or  omitr 

7 


98  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

ting  to  perform  its  agreement,  and  shall  be  recoverable  by 
an  action  at  law  on  behalf  of  The  City  of  New  York,  and 
when  so  recovered  shall  be  placed  to  the  credit  of  the 
Department  of  Street  Cleaning-  or  the  Bureau  of  Street 
Cleaning  in  the  Boroughs  of  Queens  or  Richmond,  as  the 
case  may  be,  to  supply  the  deficiency  occasioned  by  such 
additional  expenditure.     (Id.,  sec.  11.) 

§  418.  Any  person  violating  any  provision  or  regulation 
hereof  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  by  any  magistrate,  either  upon  confession 
of  the  party  or  competent  testimony,  may  be  fined  for  such 
offense  any  sum  not  less  than  one  dollar  and  not  exceeding 
three  dollars,  except  as  herein  otherwise  provided;  and  in 
default  of  payment  of  such  fine  may  be  committed  to  prison 
by  such  magistrate  until  the  same  be  paid,  but  such  impris- 
onment shall  not  exceed  one  day.     (Id.,  sec.  12.) 

Chapter  10. —  Sale,  Use  and  Transportation  of  Explosives. 

§  419.  Within  thirty  (30)  days  after  the  passage  of  this 
ordinance  there  shall  be  a  Municipal  Explosives  Commission, 
which  shall  be  constituted  as  follows:  The  said  commission 
shall  consist  of  five  (5)  members;  the  Fire  Commissioner  of 
The  City  of  New  York  shall  be  ex  officio  chairman  and  a 
member  of  the  said  commission.  The  remaining  four  (4) 
members  shall  be  appointed  bj'-  the  Mayor,  a.nd  one  of  the 
said  four  (4)  must  be  appointed  from  a  list  of  ten  to  be 
submitted  by  the  New  Y'^ork  Section  of  the  American  Chemical 
Society.  The  said  commission  shall  hold  office  during  the 
pleasure  of  the  Mayor.     (Ord.  app.  May  19,  1902,  sec.  1.) 

See  sec.  763,  Greater  New  York  Charter.  Statutes  concerning 
possession  and  transportation  of  gunpowder  in  a  city  are  police 
regulations  to  prevent  a  nuisance.  Foote  vs.  Fire  Dept.,  5  Hill,  99. 
See  Cathcart  vs.  Fire  Dept.,  26  N.  Y.  529. 

§  420.  It  shall  be  the  duty  of  the  said  commission  to 
formulate  and  adopt  such  regulations  as  in  its  judgment  may 
be  necessary  to  carry  out  the  purpose  of  this  ordinance,  and 
from  time  to  time  to  add  to  or  in  any  way  change  or  amend 
such  regulations.  The  said  regulations  and  the  amendments 
thereto  and  any  changes  which  shall  be  made  therein  shall 
be  subject  to  approval  by  the  Mayor,  and,  when  so  approved, 
shall  be  published  by  the  Fire  Commissioner  in  the  City 
Record,  and  in  such  other  manner  as  he  shall  deem  necessary. 
(Id.,  sec.  2.) 

§  421.  Said  commission,  hereby  established,  shall  meet  at 
the  call  of  the  Fire  Commissioner  for  the  consideration  of  all 
m.atters  pertaining  to  this  ordinance,  and  each  member 
thereof  shall  receive  a  fee  of  ten  dollars  ($10)  for  attendance 
at  each  meeting.  A  majority  of  such  commission  shall  consti- 
tute a  quorum  for  the  purpose  of  doing  business.    (Id.,  sec.  3.) 

§  422.  No  person,  firm  or  corporation  shall  have,  keep,  sell, 
use,  give  away  or  transport  any  gunpowder,  blasting  powder, 


CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  99 

gun  cotton,  dynamite,  nitro-glycerine  or  any  substance  or 
compound  or  mixture  or  articles  having"  properties  of  sucli  a 
character  that  alone  or  in  combination  or  contiguity  with 
other  substances  or  compounds  it  may  decompose  suddenly 
and  generate  sufScient  heat  or  gas  or  pressure,  or  all  of 
them,  to  produce  rapid  flaming  combustion,  or  administer  a 
destructive  blow  to  surrounding  persons  or  things,  within 
the  corporate  limits  of  The  City  of  New  York,  excepting  in 
the  manner  and  upon  the  conditions  herein  provided,  and 
under  license  issued  by  the  Fire  Commissioner  under  such 
regulations  as  the  IMunicipal  Explosives  Commission  shall 
prescribe.  The  said  Fire  Commissioner  shall  have  power  to 
revoke  the  license  or  licenses  in  case,  in  his  judgment,  there 
is  an  infraction  of  the  provisions  of  this  ordinance  or  of 
the  regulations  of  the  Municipal  Explosives  Commission. 
(Id.,  sec.  4.) 

Board  has  power  to  require  as  a  license  fee  a  sum  reasonable  in 
amount  to  defray  expense  of  issuing-  and  recording  license.  Mayor 
vs.  Miller,  12  Daly,  496. 

§  423.  No  licjensee  shall  employ  any  one  in  the  use  or  care 
of  explosives  such  as  are  used  in  blasting  operations  unless 
such  person  shall  hold  a  certificate  of  fitness*  issued  to  him 
by  the  Fire  Commissioner  under  the  regulations  established 
by  the  Municipal  Explosives  Commission.     (Id.,  sec.  5.) 

§  424.  No  gunpowder,  blasting  powder,  dynamite,  gun 
cotton,  nitro-glyceriue  or  such  other  explosives  as  may  be 
hereafter  designated  for  prohibition  under  this  ordinance  by 
the  Municipal  Explosives  Commission  shall  be  manufactured, 
in  the  said  city.     (Id.,  sec.  6.) 

§  425.  No  holder  of  a  license  hereunder  can  avail  himself 
of  any  of  the  privileges  of  the  same  until  he  shall  have  filed  a 
bond  with  the  said  commissioner  in  the  penal  sum  of  not 
less  than  one  thousand  dollars  ($1,000)  nor  more  than  five 
thousand  dollars  ($5,000),  to  be  approved  by  the  Comptroller, 
the  amount  of  the  said  bond  to  be  determined  by  the  regula- 
tions as  prescribed  by  the  Municipal  Explosives  Commission, 
said  bond  to  be  conditioned  for  the  payment  of  any  loss, 
damage  or  injury  resulting  to  persons  or  property  from 
explosions,  and  for  the  strict  observance  of  this  ordinance 
and  the  regulations  made  hereunder.     (Id.,  sec.  7.) 

§  426.  The  Municipal  Explosives  Commission  may,  by 
a  unanimous  vote  of  its  members,  subject  to  the  approval  of 
the  Fire  Commissioner,  provide  for  an  increase  of  the 
amount  of  the  bond  to  be  filed  with  the  said  commissioner, 
in  accordance  with  section  425  of  this  ordinance,  to  an 
amount  not  exceeding  twenty-five  thousand  dollars 
($25,000),  said  bond  to  be  approved  by  the  Comptroller,  in 
accordance  with  section  425  of  this  ordinance.     (Id.,  sec.  8.) 

§  427.  In  case  of  the  violation  of  the  provisions  of  this 
ordinance  or  regulations  on  explosives,  even  though  no 
damage  to  persons  or  property  be  sustained,  twenty  (20)  per 
cent,  of  said  bond  for  the  first  infraction  and  the  whole 


100  CODE  OF  OKDINANCES  OF  THE  CITY  OF  NEW  YORK. 

amount  for  the  second  ofl'ense  shall  be  forfeited  therefor 
and  paid  over  to  and  for  the  use  and  benefit  of  the  Relief 
Fund  of  the  Fire  Department  of  The  City  of  New  York. 
(Id.,  sec.  9.) 

§  428.  The  commander,  owner  or  owners  of  any  ship  or 
vessel  arriving-  in  the  harbor  of  New  York,  and  having  more 
than  twenty-eig-ht  (28)  pounds  of  gunpowder  or  other  explo- 
sive named  in  this  ordinance  on  board  shall,  immediately 
upon  arrival  and  before  such  ship  or  vessel  shall  approach 
nearer  than  300  yards  of  the  pier  line  of  said  city,  give 
written  notice  to  the  Fire  Commissioner  of  the  fact  that  such 
explosives  are  on  said  vessel.  And  all  vessels  having  on 
board  or  loading  explosives  exceeding  twenty-eight  (28) 
pounds  shall  cause  to  be  displayed  at  the  masthead  nearest 
the  land  while  remaining  within  the  city  limits  a  red  flag 
at  least  five  feet  square,  and  no  ship  or  vessel  shall  lie  at  the 
pier  after  sunset  having  more  than  twenty-eight  (28)  pounds 
of  explosives  without  a  permit  from  the  said  commissioner, 
said  permit  to  be  issued  for  not  exceeding  forty-eight  (48) 
hours.     (Id.,  sec.  10.) 

§  429.  Nothing  in  this  ordinance  shall  be  construed  to 
apply  to  any  ship  or  vessel  of  war  in  the  service  of  the 
United  States  or  any  foreign  government  while  lying  at  a 
distance  of  300  yards  or  upwards  from  the  pier  line  of  said 
city,  nor  to  any  ship  or  vessel  of  war  in  the  service  of  the 
United  States  while  lying  in  any  part  of  the  navy  yard  in  the 
Borough  of  Brooklyn.     (Id.,  sec.  11.) 

Chapter  11. 

I.   The  Discharge  of  Firearms, 

§  430.  'No  person  shall  fire  or  discharge  any  gun,  pistol, 
fowling  piece  or  other  firearms  in  The  City  of  New  York 
under  the  penalty  of  ten  dollars  for  each  offense.  The  pro- 
visions of  this  section  shall  not  apply  to  Jones'  Wood 
Colosseum,  Washington  Park,  Hamilton  Park,  Bender's 
Schutzen  Park,  Bellevue  Garden,  Harlem  Elver  Park,  Lion 
Park,  Christ's  Park,  Knntz's  Elm  Park,  National  Park,  Karl 
Park,  Jerome  Park,  Fleetwood  Park,  Hudson  River  Park, 
Brien's  Undercliff  Park,  High  Bridge;  the  dock  at  the  foot  of 
One  Hviudred  and  Fifty-fifth  street.  North  river;  and  the 
property  Ij-ing  between  One  Hundred  and  Sixty-eight  street, 
the  Hudson  river.  One  Hundred  and  Seventy-second  street 
and  the  Kingsbridge  road,  while  said  property  is  used  for  the 
purpose  of  a  rifle  range  by  the  *'  Fort  Washington  Rifle 
Club,"  and  no  longer;  grounds  of  Pilkington  «fe  Nagle,  at  Oak 
Point  on  the  East  river;  grounds  of  the  Metropolitan  Base- 
ball Park,  corner  of  First  avenue  and  One  Hundred  and 
Seventh  street;  Manhattan  Park,  situated  in  One  Hundred 
and  Fifty-fifth  street,  two  hundred  feet  west  of  Eighth 
avenue;    Cosmopolitan  Park,    located   on  One  Hundred   and 


CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  101 

Sixty-nintli  street  and  Tenth  avenue,  near  High  Bridg-e; 
Zeltner's  Park,  located  at  the  northeast  corner  of  Third 
avenue  and  One  Hundred  and  Seventieth  street;  St.  Nicholas 
Park,  located  on  One  Hundred  and  Fifty-fifth  street,  between 
Eighth  and  Columbus  avenues;  Fort  George  Park,  located  on 
Amsterdam  avenue,  west  side,  between  One  Hundred  and 
Ninety-fourth  and  One  Hundred  and  Ninety-seventh  streets; 
Eifle  Range,  located  on  the  east  side  of  Amsterdam  avenue, 
between  One  Hundred  and  Eighty-seventh  and  One  Hundred 
and  Eighty-eighth  streets:  the  Manhattan  Field,  on  Eighth 
avenue,  from  One  Hundred  and  Fifty-fifth  street  to  One 
Hundred  and  Fifty-seventh  street;  the  premises  known  as 
Manhattan  Casino  Park,  situated  on  the  north  side  of  One 
Hundred  and  Fifty-fourth  street,  between  Eighth  avenue  and 
Central  Park,  in  the  Borough  of  Manhattan;  the  meadow 
lands  at  the  rear  of  the  Speedway  Clay  Pigeon  Club  House 
and  Sherman  creek,  at  Two  Hundred  and  Sixth  street  and 
the  Harlem  river,  in  the  Borough  of  Manhattan;  the  grounds 
occupied  by  the  Fox  Hills  Gun  Club,  on  Vanderbilt  avenue, 
Clifton,  in  the  Borough  of  Richmond;  the  premises  of  Tony 
Eiser,  on  the  northeast  corner  of  One  Hundred  and  Eighty- 
fifth  street  and  Amsterdam  avenue;  the  Berkeley  Oval,  on 
Burnside  avenue,  between  Sedgwick  avenue  and  Macomb's 
Dam  road;  the  premises  of  Henry  Martens,  No.  1151  Stebbins 
avenue,  known  as  Pioneer  Park;  the  premises  of  Theobald 
Noll  (Morrisiania  Schuetzen  Park),  No.  1390  Boston  avenue; 
the  premises  of  Morris  Dietsch,  situated  on  the  East  river, 
adjoining  the  premises  of  the  Oak  Point  Yacht  Club  (in  the 
Twenty-third  Ward),  in  the  Borough  of  The  Bronx;  the 
grounds  of  the  Columbia  College  Gun  Club  at  Williamsbridge; 
the  premises  of  the  Washington  Heights  Club,  One  Hundred 
and  Fifty-second  street  and  Amsterdam  avenue;  the  prem- 
ises of  the  Country  Club  of  Westchester  County,  situated  on 
Eastchester  bay  in  the  late  town  of  Westchester,  now  New 
York  city;  the  grounds  of  Mrs.  M.  W.  Ditmar  in  Baychester; 
the  grounds  of  the  Kingsbridge  Gun  Club;  the  premises  at 
the  corner  of  Willow  avenue  and  One  Hundred  and  Twentj'^- 
ninth  street  in  The  City  of  New  York;  the  grounds  of  the 
Melrose  Shooting  Club  at  the  end  of  Beretto's  Point;  the 
grounds  of  Frank  Strassburg,  Broadway  and  Myers'  road, 
Van  Cortlandt,  New  York  city;  the  premises  of  the  Blue 
Rock  Rod  and  Gun  Club,  at  Southern  Boulevard  and  One 
Hundred  and  Fifty-third  street,  in  the  Borough  of  The 
Bronx;  the  premises  of  the  Ideal  Rod  and  Gun  Club,  the 
Columbia  Rod  and  Gun  Club,  and  the  Frog  Inn  Gun  Club,  in 
the  former  village  of  Springfield,  Borough  of  Queens;  the 
premises  of  the  Queens  County  Gun  Club,  the  Borough  of 
Queens;  the  premises  maintained  by  Antonio  Lazzeri,  as  a 
shooting  gallery  at  Rosebank,  in  the  Borough  of  Richmond, 
the  premises  known  as  Gosman's  Farm,  Middleburgh  avenue. 
Borough  of  Queens;  the  premises  of  the  Craig  Lea  Rod  and 
Gun  Club,  located  on  Craig  Lea  Island,  Pelham  Bay,  in  the 


102  CODE  OF  ORDINANCES  OF  THE  CITY  OP  NEW  YORK. 

Borough  of  The  Bronx;  the  premises  of  Frederick  Lohbauer, 
known  as  Bay  View  Park,  Pelham  Bay,  Throgg's  Neck,  West- 
chester, in  The  City  of  New  York;  the  premises  known  as 
Nunley's  Kailroad  Hotel  and  Casino  on  Seaside  Boulevard, 
South  Beach,  Staten  Island;  the  premises  of  David  Crabb, 
Linoleumville,  Staten  Island;  Madison  Square  Garden,  New 
York  city;  the  grounds  occupied  by  the  Transit  Kod  and  Gun 
Club,  located  near  Lafayette  avenue  and  The  Bronx  river. 
(R.  O.  1897,  sec.  721.  Amend,  by  ord.  app.  May  1  and  May 
22,   1906,  infra,) 

II.   The  Carrying  of  Loaded  Firearms. 

§  431.  Any  person,  other  than  a  peace  officer,  who  shall 
in  any  public  street,  highway  or  place  within  The  City  of 
New  York,  have  or  carry  concealed  upon  his  person  any 
loaded  pistol,  revolver,  or  other  firearm,  without  theretofore 
having  been  authorized,  as  hereinafter  provided,  to  carry 
the  same,  shall  be  guilty  of  a  minor  offense,  punishable  by 
a  fine  not  exceeding  $250,  or  by  imprisonment  in  a  peniten- 
tiary or  county  jail  for  not  more  than  six  months,  or  by 
both.     (Ord.  app.  Feb.  24,  1905,  sec.  1.) 

§  432.  Any  person,  except  as  provided  in  this  ordinance, 
who  has  occasion  to  carry  a  loaded  pistol,  revolver  or  fire- 
arm for  his  protection,  may  apply  to  the  officer  in  command 
at  the  station  house  of  the  precinct  where  he  resides,  and 
such  officer,  if  satisfied  that  the  applicant  is  a  proper  and 
law-abiding  person,  shall  give  the  said  person  a  recommenda- 
tion to  the  Police  Commissioner,  who  may  issue  a  permit 
to  the  said  person  allowing  him  to  carry  such  loaded  fire- 
arm. 

Any  non-resident  who  does  business  in  The  City  of  New 
York  and  has  occasion  to  carry  a  loaded  pistol,  revolver  or 
firearm  while  in  the  said  city,  must  make  application  for 
permission  to  do  so  to  the  officer  in  command  at  the  station 
house  of  the  police  precinct  in  which  he  so  does  business, 
in  the  same  manner  as  is  required  of  residents  of  the 
said  city,  and  shall  be  subject  to  the  same  conditions  and 
restrictions.     (Id.,  sec.  2.) 

§  433.  If,  at  the  time  of  the  arrest,  a  loaded  pistol,  revolver 
or  firearm  of  any  description  shall  be  found  concealed  on 
the  person  of  any  one  arrested,  the  officer  making  the 
arrest  shall  state  such  fact  to  the  magistrate  before  whom 
the  prisoner  is  brought,  and  shall  make  a  separate  complaint 
against  such  prisoner  for  violation  of  the  provisions  of  this 
ordinance.     (Id.,  sec.  3.) 

§  434.  The  Police  Commissioner  is  hereby  authorized  and 
empowered,  for  reasons  appearing  to  be  satisfactory  to  him, 
to  annul  or  revoke  any  permission  given  under  this  ordi- 
nance. Every  person  to  whom  a  permit  shall  be  granted, 
as  above  provided,  shall  pay  therefor  the  sum  of  $2.50, 
which  shall  be  applied  in  aid  of  the  Police  Pension  Fund, 


CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  103 

and  a  return,  in  detail,  shall  be  made  to  the  Comptroller 
or  the  Police  Commissioner  monthly,  und^r  oath,  of  the 
amount  so  received  and  credited.  All  persons  to  whom  such 
permission  shall  be  given  are  hereby  declared  to  be  indi- 
vidually responsible  for  their  own  acts  or  the  consequences 
that  may  arise  from  the  use  of  loaded  pistols,  revolvers  or 
firearms  carried  under  the  permission  obtained  as  provided 
in  this  ordinance.     (Id.,  sec.  4.) 

Chapter  12. —  Rules  op  the  Road. 
Article  I. —  Method  of  Driving  YeMcles. 

§  435.  Vehicles  Keeping  to  the  Right. —  Vehicles  shall 
keep  to  the  right,  and  as  near  the  right-hand  curb  as  pos- 
sible.    (Ord.  app.  Dec.  14,  1903,  sec.  1.) 

General  power  is  granted  expressly  in  section  50,  Greater  New 
York  Charter,  "  to  regulate  the  use  of  streets  and  sidewalks  by  foot 
passengers,  animals  and  vehicles;  to  regulate  the  speed  at  which 
horses  shall  be  driven  or  ridden  and  at  which  vehicles  shall  be 
propelled  in  the  street,"  and  further,  "  to  make  all  such  regula- 
tions in  reference  to  the  running  of  stages,  omnibuses,  trucks,  cars, 
as  may  be  necessary  for  the  convenient  use  and  accommodation 
of  the  streets,  piers,  wharves  and  stations."  But  all  such  regula- 
tions must  be  reasonable.  Dunham  vs.  Trustees  of  Rochester. 
6  Cow.  462. 

§  436.  Vehicles  Meeting. —  Vehicles  meeting  shall  pass 
each  other  to  the  right.     (Id.,  sec.  2.) 

§  437.  Vehicles  Overtaking  Others. —  Vehicles  overtaking 
others  shall,  in  passing,  keep  to  the  left.     (Id.,  sec.  3.) 

§  438.  Turning  and  Starting. —  The  driver  or  person  hav- 
ing charge  of  any  vehicle,  before  turning  the  corner  of  any 
street,  or  turning  out  or  starting  from  or  stopping  at  the 
curb  line  of  any  street,  shall  first  see  that  there  is  sufficient 
space  free  from  other  vehicles,  so  that  such  turn,  stop  or 
start  may  be  safely  made,  and  shall  then  give  a  plainly 
visible  or  audible  signal.     (Id.,  sec.  4.) 

§  439.  Turning  to  the  Right  into  Another  Street. —  A 
vehicle  turning  to  the  right  into  another  street  shall  turn 
the  corner  as  near  to  the  curb  as  practicable. 


THUS: 


J    V. 


^   r 


(Id.,  sec.  5.) 
§  440.     Turning    to    the    Left    into    Another    Street. —  A 
vehicle  turning  to  the  left  intp  another  street  shall  pass  to 


104  CODE  OF   ORDINANCES  OF  THE  CITY  OF   NEW  YORK. 

the  centre  ( 


the  right  of  and  beyond  the  centre  of  the  street  intersection 
before  turning. 


THUS: 


-^^m: 


^    f 


(Id.,  sec.  6.) 

§  441.  Crossing  Streets. —  A  vehicle  crossing  from  one  side 
of  the  street  to  the  other  shall  do  so  by  turning  to  the  left 
so  as  to  head  in  the  same  direction  as  the  traffic  on  that  side 
of  the  street. 

THUS: 


C 


— H »^ 


(Id.,  sec.  7.) 

§  442.  Stopping  at  Curb. —  No  vehicle  shall  stop  vtWh.  its 
left  side  to  the  curb.     (Id.,  sec.  8.) 

§  443.  Driving,  Backing,  etc.,  on  Sidewalks. —  It  shall  not 
be  lawful  for  any  public  cartman,  or  for  any  person  driving 
or  having  charge  of  any  public  cart,  wagon  or  other  vehicle, 
to  drive  or  back  any  such  public  cart  or  any  other  cart, 
wagon  or  other  vehicle,  onto  the  sidewalk  of  any  of  the 
streets  of  said  city,  except  as  hereinafter  provided,  or  to 
stop  any  such  cart,  or  any  other  vehicle,  on  any  of  the  cross- 
walks or  intersections  of  streets  so  as  to  obstruct  or  hinder 
the  travel  along  such  crosswalks  or  intersection  of  streets, 
or  to  place  any  such  carts  or  other  vehicles  crosswise  of  any 
streets  of  said  city,  except  to  load  thereon  or  unload  there- 
from; but  in  no  case  sha;ll  it  be  lawful  for  any  person  to 
permit  such  cart  or  other  vehicle  to  remain  so  crosswise  of 
any  street  for  a  longer  period  than  may  be  actually  neces- 
sary for  such  purpose;  but  it  shall  be  lawful  for  the  owner 
or  occupant  of  any  store,  warehouse  or  building  in  any 
street  or  avenue  in  which  the  rails  of  any  railroad  company 
are  laid  so  close  to  the  curbstone  as  to  prevent  the  owners 
or  occupant  from  keeping  any  such  cart  or  other  vehicle  in 
the  carriageway  in  front  of  his  place  of  business  without 
interference  v\dth  the  passing  cars  of  any  such  railroad  com- 
pany to  occupy  with  such  cart  or  other  vehicle  during  busi- 
ness hours  so  much  of  the  sidewalk  as  may  be  necessary  for 
such  cart  or  other  vehicle  provided  that  sufficient  space  be 
retained  for  the  passage  of  pedestrians  between  the  cart 
or  other  vehicle  so  permitted  to  occupy  such  portion  of  the 
sidewalk  cmd  tlie  stoop  or  frojit  of  every  such  store,  ware- 


CODE  OF  OEDINANCES  OF  THE  CITY  OF  NEW  YORK.  105 

house  or  other  building.  In  no  case  shall  it  be  lawful  to 
place  any  such  carts,  wag-ons  or  other  vehicles,  crosswise  of 
the  carriageway  on  Broadway  or  Fifth  avenue,  south  of 
Fifty-ninth  street,  or  on  Park  row,  nor  shall  any  such  cart, 
wag-on  or  other  vehicle  be  permitted  to  remain  in  front  of 
any  premises  on  said  Broadway  or  Fifth  avenue,  south  of 
Fifty-ninth  street,  or  on  Park  row,  unless  placed  in  close 
proximity  to  the  curb,  with  the  side  of  such  cart,  wagon  or 
other  vehicle  parallel  therewith.     (Id.,  sec.  9.) 

§  444.  In  no  case  shall  a  vehicle  remain  backed  up  to  the 
curb  excepting  when  actually  loading  or  unloading.  (Id., 
sec.  10.) 

§  445.  Stopping  Close  to  Curb  Line. —  Unless  in  an  emer- 
gency or  to  allow  another  vehicle  (as  provided  in  sections 
449,  450  and  451)  or  pedestrians  to  cross  its  path,  no  vehicle 
shall  stop  in  any  public  street  or  highway  of  this  city,  except 
close  to  the  curb  line.     (Id.,  sec.  11.) 

§  446.  Obstructing  Crossings. —  No  vehicle  shall  stop,  for 
the  purpose  of  taking  or  setting  down  a  passenger  or  load- 
ing or  unloading  freight,  or  for  any  other  purpose,  except  in 
case  of  accident  or  other  emergency,  or  when  directed  to 
stop  by  the  police,  in  such  a  way  as  to  obstruct  any  street  or 
crossing.     (Id.,  sec.  12.) 

§  447.  Stopping  Near  Corners. —  No  vehicle  shall  stop  or 
stand  within  the  intersection  of  any  street,  nor  within  ten 
feet  of  a  street  corner.     (Id.,  sec.  13.) 

§  448.  Surface  Cars  Taking  on  or  Discharging  Passen- 
gers.—  Surface  cars  shall  stop  on  the  far  side  of  the  street, 
at  the  crosswalk,  to  discharge  or  take  on  passengers.  (Id., 
sec.  14.    Amend,  by  ord.  app.  April  27,  1906,  infra.) 

§  448a.  Bight  of  Way. —  On  all  public  streets  and  high- 
ways of  the  city,  all  vehicles  going  in  a  northerly  or  south- 
erly direction  shall  have  the  right  of  way  over  any  vehicle 
going  in  an  easterty  or  westerly  direction.     (Id.,  sec.  15.) 

§  449.  Right  of  Way  of  Certain  Vehicles.— The  officers 
and  men  of  the  Fire  Department  and  Fire  Patrol,  with  their 
fire  apparatus  of  all  kinds,  when  going  to,  or  on  duty,  at  or 
returning  from  a  fire,  and  all  ambulances,  and  the  officers 
and  men  and  vehicles  of  the  Police  Department,  and  all 
physicians  who  have  a  police  permit  (as  hereinafter  pro- 
vided) shall  have  the  right  of  way  in  any  street  and  through 
any  procession,  except  over  vehicles  carrying  the  United 
States  mail.  The  Police  Department  is  hereby  empowered 
to  issue,  upon  application  therefor,  permit  for  such  right  of 
way  to  any  duly  registered  physician,  which  permit  shall 
not  be  transferable.  (Amend,  by  ord.  app.  Dec.  11,  1906,  infra.) 

§  450.  Right  of  Way  of  Cars. —  Subject  to  the  preceding 
section  of  this  article,  surface  cars  running  on  tracks  laid 
in  the  streets  especially  for  their  use  shall  have  the  right  of 
^vay  along  such  tracks,  betw^een  cross  streets,  over  all 
vehicles  moving  in  the  same  direction  at  a  less  rate  of  speed 
than  ten  miles  an  hour;  and  the  driver  of  any  vehicle  prO' 


106  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

ceeding-  upon  the  track  in  front  of  a  surface  car  shall  turn 
out  as  soon  as  possible  upon  signal  by  the  motorman  or 
driver  of  the  car.     (Id.,  sec.  17.) 

§  451.  SigTial  in  Slowing  Up  or  Stopping. —  In  slowing  up 
or  stopping,  a  signal  shall  always  be  given  to  those  behind 
by  raising  the  whip  or  hand  vertically.     (Id.,  sec.  18.) 

§  452.  Signal  for  Automobile. —  Every  person  driving  an 
automobile  or  motor  vehicle  shall,  at  the  request  or  signal 
by  putting  up  the  hand,  from  a  person  driving  or  riding  a 
restive  horse  or  horses,  or  driving  domestic  animals,  cause 
the  automobile  to  immediately  stop,  and  to  remain  station- 
ary as  long  as  may  be  necessary  to  allow  said  horse  or 
domestic  animals  to  pass.     (Id.,  sec.  19.) 

§  453.  Slowly  Moving  Vehicles. —  Vehicles  moving  slowly 
shall  keep  as  close  as  possible  to  the  curb  line  on  the  right, 
so  as  to  allow  faster  moving  vehicles  free  passage  on  the 
left.     (Id.,  sec.  20.) 

Article  II. — 


§  454.  Speed  of  Vehicles. —  The  following  rates  of  speed 
through  the  streets  of  the  city  shall  not  be  exceeded,  that  is: 

Eight  miles  an  hour  by  bicycles,  tricycles,  velocipedes  and 
motor  vehicles,  however  propelled,  or  by  passenger  and 
other  vehicles  drawn  by  horses  or  other  animals,  except  that 
in  portions  of  the  city  not  built  up,  where  the  buildings  are 
at  least  100  feet  apart,  a  speed  of  fifteen  miles  an  hour  may 
be  maintained.     (Id.,  art.  II,  sec.  1.) 

The  Board  of  Aldermen  has  no  power  to  pass  special  resolutions 
for  speed  trials.  Such  trials  in  the  public  highway  are  nuisances 
for  which  the  city  may  be  liable.  Johnson  vs.  City  of  N.  Y.,  109 
App.  Div.  821. 

§  455.  Exceptions. —  Nothing  in  this  article  shall  apply  to 
the  apparatus  and  wagons  of  the  Fire  and  Police  Depart- 
ments, the  Fire  Patrol,  ambulances,  emergency  repair 
wagons  of  street  railroads,  and  vehicles  carrying  the  United 
States  mail.     (Id.,  art.  II,  sec.  2.) 

§  456.  Excessive  Speed  Prohibited. —  No  person  riding, 
driving  or  in  charge  of  any  vehicle  on  any  street,  avenue, 
pathway  or  driveway  in  the  city  shall  drive  the  same  at  a 
speed  greater  than  reasonable  and  proper,  having  regard  to 
the  traffic  and  use  of  the  highways,  or  so  as  to  endanger  the 
life  or  limb  of  any  person.     (Id.,  art.  II,  sec.  3.) 

§  457.  Speed  in  Crossing  Streets  and  Turning. —  No  vehicle 
shall  cross  any  street  or  avenue  running  north  and  south,  or 
make  any  turn  at  a  speed  rate  exceeding  one-half  its  legal 
speed  limit.     (Id.,  art.  II,  sec.  4.) 

Article  III, —  Lights. 

§  458.  Lights. —  Each  and  every  vehicle  using  the  public 
streets  or  highways  of  this  city,  except  vehicles  of  licensed 
truckmen,  shall  show,  between  one  hour  after  sunset  and 
one  hour  before  sunrise,  a  light  or  lights,  so  placed  as  to  bo 
seen  from  the  front  and  each  sidej  if  dash  lantern  is  car- 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.    107 

ried,  it  shall  be  placed  on  the  left-hand  side;  such  light  or 
lights  to  be  of  sufficient  illuminating  power  to  be  visible  at 
a  distance  of  200  feet;  said  light  or  lights  shall  show  white 
in  front,  but  may  be  colored  on  the  sides,  excepting  licensed 
truckmen.  Every  automobile  shall  exhibit  during  the  same 
period  two  lamps  showing  white  lights  visible  at  a  distance 
of  300  feet  in  the  direction  toward  which  the  automobile 
is  proceeding,  and  shall  also  exhibit  a  red  light,  visible  in 
the  reverse  direction.  The  lamps  shall  be  so  placed  as  to 
be  free  from  obstruction  to  light  from  other  parts  of  said 
automobile.  In  the  Borough  of  The  Bronx,  excepting  south 
of  Tremont  avenue  and  One  Hundred  and  Seventy-seventh 
street,  east  of  Jerome  avenue  and  west  of  The  Bronx  river, 
and  in  the  Boroughs  of  Richmond  and  Queens,  and  in  the 
Twenty-sixth,  Thirtieth,  Thirty-first  and  Thirty-second 
Wards  of  the  Borough  of  Brooklyn,  every  car  or  other 
vehicle  between  said  hours,  while  moving  on,  along  or 
standing  upon  the  portion  of  streets  in  said  boroughs  or 
parts  of  boroughs,  shall  also  carry  a  light  or  lights  of  such 
illuminating  power  as  to  be  plainly  visible  200  feet,  both 
ahead  and  behind  said  car  or  vehicle.  (Id.,  art.  Ill,  sec.  1.) 
§  459.  Exceptions. —  But  this  section  shall  not  apply  to 
any  equestrian,  or  to  any  animal  led  or  driven,  not  attached 
to  any  vehicle  nor  to  the  rider  of  a  bicycle,  tricycle  or 
similar  vehicle,  whose  light  has  become  extinguished,  or 
who  is  necessarily  absent  from  his  home,  without  a  light, 
when  going  at  a  pace  not  exceeding  six  miles  an  hour,  when 
a  clearly  audible  signal  is  given  as  often  as  thirty  feet  are 
passed  over.     (Id.,  art.  Ill,  sec.  2.) 

Article  IV. —  Improper  Use  of  Streets. 

§  460.  Coasting  Forbidden  to  Bicyclists. —  No  bicycle  shall 
be  allowed  to  proceed  in  any  street  of  the  city  by  inertia  or 
momentum,  with  the  feet  of  the  rider  removed  from  the 
pedals.     (Id.,  art.  IV,  sec.  1.) 

§  461.  Trick  Riding  Forbidden. —  No  rider  of  a  bicycle 
shall  remove  both  hands  from  the  handle-bars,  or  practice 
any  trick  or  fancy  riding  in  any  street.     (Id.,  art.  IV,  sec.  2.) 

§  462.  Carrying  Children  on  Bicycles. —  No  bicyclist  in 
The  City  of  New  York  shall  carry  upon  his  bicycle  any 
child  under  the  age  of  five  years.     (Id.,  art.  IV,  sec.  3.) 

§  463.  Ages  of  Drivers. —  Drivers  or  persons  in  charge 
of  vehicles  other  than  licensed  vehicles  shall  not  be  less  than 
sixteen  years  of  age,  unless  provided  with  a  permit  from 
the  Police  Department.     (Id.,  art.  IV,  sec.  4.) 

§  464.  Riding  on  Back  of  Vehicles. —  No  person  shall  ride 
upon  the  back  of  any  vehicle  without  the  consent  of  the 
driver,  and  when  so  riding  no  part  of  the  person's  body 
must  protrude  beyond  the  limits  of  the  vehicle.  (Id,,  art. 
IV,   sec.  5.) 

§  465.  "  Cruising  "  by  Hacks,  etc.,  Forbidden. —  No  public 
or  private  hack,  while  awaiting  employment  by  passengers. 


108  CODE  OF  OBDINANCES  OF  THE  CITY  OF  NEW  YORK. 

shall  stand  in  or  upon  any  public  street  or  place  other  than 
at  or  upon  public  or  private  hack  stands,  respectively, 
designated  by  the  Board  of  Aldermen;  nor  shall  any  hack- 
man  seek  employment  by  repeatedly  and  persistently  driv- 
ing his  hack  to  and  from  in  a  short  space  before,  or  by 
otherwise  interfering  with  proper  and  orderly  access  to,  or 
egress  from,  any  theatre,  hall,  hotel,  public  resort,  railway 
or  ferry  station,  or  other  place  of  public  gathering,  but  any 
hackman  may  solicit  employment  by  driving  through  any 
public  street  or  place  without  stops  other  than  those  due 
to  obstruction  of  traffic,  and  at  such  speed  as  not  to  inter- 
rupt or  impede  traffic,  and  may  pass  and  repass  before  any 
theatre,  hall,  hotel,  public  resort,  railway  or  ferry  station 
or  other  place  of  public  gathering,  provided  that  after  pass- 
ing such  public  place  he  shall  not  turn  and  repass  until  he 
shall  have  gone  a  distance  of  two  blocks  beyond  such  place. 
(Id.,  art.  IV,  sec.  6.) 

Article  Y. —  Use  of  Sidewalks. 

§  466.  Driving  on  Sidewalks. —  Except  as  provided  in  this 
article,  no  horse  or  vehicle  shall  be  driven,  backed,  led  or 
allowed  to  stand  on  any  sidewalk  which  has  been  curbed, 
except  that  wares  of  merchandise  in  process  of  loading  and 
unloading,  shipment,  or  being  received  from  shipment,  may 
be  transferred  from  trucks  or  other  vehicles  over  the  side- 
walk by  the  use  of  skids,  or  by  backing  up  trucks  on  the 
sidewalks  in  so  doing,  provided  a  passageway  be  kept  open 
within  the  stoop  line  of  buildings  for  the  free  passage  of 
pedestrians.     (Id.,  art.  V,  sec.  1.) 

§  467.  Leading  Bicycles. —  Riders  of  bicycles,  when  dis- 
mounted, may  lead  their  bicycles  along  the  sidewalk  in 
single  file,  and  bicycles  may  be  allowed  to  stand  on  the  side- 
walk, provided  they  are  within  the  stoop  line  and  cause  no 
obstruction.     (Id.,  art.  V,  sec.  2.) 

§  468.  Riding  on  Sidewalks. — •  Bicycles  may  be  j-idden  on 
the  sidewalks  of  any  street  in  the  suburbs  of  the  city,  the 
roadway  of  which  is  not  reasonably  ridable  for  such 
vehicles.     (Id.,  art.  V,  sec.  3.) 

§  469.  Driving  Across  Sidewalks. —  Nothing  contained  in 
this  article  shall  prevent  the  riding  or  driving  of  horses  or 
vehicles  from  private  property  directly  across  the  sidewalks 
of  any  street  to  the  roadway,  or  from  the  roadway  back  to 
such  private  property.     (Id.,  art.  V,  sec.  4.) 

Article  YI. —  General  Rule  Covering  the  Use  of  Streets, 

§  470.  Reasonable  Care  to  be  Used. —  Nothing  contained 
herein  or  omitted  herefrom  shall  be  construed  or  held  to 
relieve  any  person  using,  or  traveling,  or  being  upon  any 
street,  for  any  purpose  whatever,  from  exercising  all  rea- 
sonable care  to  avoid  or  prevent  injury  through  collision 
with  all  other  persons  and  vehicles.     (Id.,  art.  VI,  sec.  1.) 


CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YOSK.  109 

§  471.  Traffic  Not  to  be  Obstructed. —  No  vehicle  shall  be 
allowed  to  remain  upon  or  be  driven  through  any  street  of 
The  City  of  New  York  so  as  wilfully  to  blockade  or  obstruct 
the  traffic  of  that  street. 

No  vehicle  shall  be  so  overloaded  that  the  horse  or  horsea 
are  unable  to  draw  it.     (Id.,  art.  VI,  sec.  2.) 

Article  Til. —  Powers  of  Police  Department, 

§  472.  Police  Department  to  Regulate  Traffic. —  The 
Police  Department  shall  have  all  powers  and  duties  in  rela- 
tion to  the  management  of  vehicular  traffic.  (Id.,  art.  VII, 
sec.   1.) 

§  473. —  Police  Department  to  See  That  Ordinances  Are 
Posted. —  The  Police  Department  shall  see  that  these  ordi- 
nances are  posted  in  all  public  stables,  and  at  the  hack,  cab 
and  truck  stands,  and  shall  keep  copies  of  them  at  all  of  its 
stations  and  issue  them  on  application.  (Id.,  art.  VII, 
sec.  2.) 

Article  VIII. —  Definitions. 

§  474.  Definitions  of  Terms  Used  Herein. —  The  following 
terms,  whenever  used  herein,  except  as  otherwise  specifically 
indicated,  shall  be  defined  to  have  and  shall  be  held  to 
include  each  of  the  meanings  herein  below  respectively  set 
forth;  and  amy  such  term  used  in  the  singular  number  shall 
be  held  to  include  the  plural: 

Street. —  Every  avenue,  boulevard,  highway,  roadway,  cart- 
way, lane,  alley,  strip,  path,  square  and  place  used  by  or  laid 
out  for  the  use  of  vehicles. 

Roadway. —  That  portion  of  any  street  which  is  included 
within  the  curbs  or  curb  lines  thereof  and  is  designed  for 
the  use  of  vehicles. 

Curb. —  The  lateral  boundaries  of  that  portion  of  a  street 
designed  for  the  use  of  vehicles,  whether  marked  by  curb- 
stones or  not  so  marked. 

Vehicle. —  Every  wagon,  carriage,  omnibus,  sleigh,  push- 
cart, bicycle,  tricycle  and  other  conveyance  (except  baby 
carriages),  in  whatever  manner  or  by  whatever  force  or 
power  the  same  may  be  driven,  ridden  or  propelled,  which  is 
or  ipay  be  used  for  or  adapted  to  pleasure  riding  or  the 
transportation  of  passengers,  baggage  or  merchandise  upon 
the  street;  and  every  draught  and  riding  animal,  whether 
driven,  ridden  or  led,  excepting  that  an  animal  or  animals 
attached  to  any  vehicle  shall,  with  suoh  vehicle,  constitute 
one  vehicle.     (Id.,  art.  VIII,  sec.  1.) 

Article  IX. —  Penalties  for  Violations. 

§  475.  Penalties  for  Violations. —  Any  person  violating 
any  provision  or  regulation  hereof  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof  by  any  magis- 
trate, either  upon  confession  of  the  party  or  by  competent 


110  CODE  OF   ORDINATs'CES  OF  THE  CITY  OF  NEW  TORK. 

testimony,  may  be  fined  for  such  offense  any  sum  not  less 
than  one  dollar  and  not  exceeding  ten  dollars,  and  in  default 
of  payment  of  such  fine  may  be  committed  to  prison  by 
such  magistrate  until  the  same  be  paid;  but  such  imprison- 
ment shall  not  exceed  ten  days.     (Id.,  art.  IX,  sec.  1.) 

Chapteb  13. —  Miscellaneous  Oedinances. 
I.   Official  Bonds. 

§  476.  Each  and  every  officer  or  employee  of  The  City  of 
New  York,  whose  office  or  duties  correspond  to  those  for- 
mierly  exercised  by  officers  or  employees  of  the  former  cor- 
poration, the  Mayor,  Aldermen  and  Commonalty  of  The 
City  of  New  York,  except  the  Comptroller,  elected  or  ap- 
pointed, shall,  upon  entering  upon  the  duties  of  his  office 
or  employment,  give  a  bond  wdth  sureties  to  The  City  of 
New  York  for  the  faithful  performance  of  his  duties  in  a 
corresponding  form  and  in  the  same  amount  as  bonds  were 
required  to  be  given  by  the  corresponding  officers  or  em- 
ployees of  the  Mayor,  Aldermen  and  Commonalty  of  The 
City  of  New  York  by  the  Revised  Ordinances  of  the  said 
Mayor,  Aldermen  and  Commonalty  of  The  City  of  New  York 
of  1897,  the  said  bonds  to  be  approved  by  the  Comptroller 
of  the  said  City  of  New  York.    (Ord.  app.  Jan.  3,  1898,  sec.  1.) 

§  477.  The  Comptroller  of  The  City  of  New  York  shall 
give  a  bond  in  the  sum  of  two  hundred  thousand  dollars 
($200,000)  with  a  surety  company  or  two  or  more  sufficient 
sureties  to  justify  in  double  the  amount  under  oath  before 
a  Judge  of  the  Supreme  Court  on  notice  to  the  Corporation 
Counsel,  except  that  any  bond  heretofore  given  by  the 
Comptroller  elected  at  the  election  of  1897,  and  approved  as 
hereinbefore  required  by  a  Justice  of  the  Supreme  Court, 
shall  be  taken  to  be  a  sufficient  bond  to  comply  with  this 
ordinance,  provided  that  the  same  shall  be  immediately  filed 
with  the  City  Clerk  by  the  said  Comptroller.     (Id.,  sec.  2.) 

§  478.  Each  Deputy  Comptroller  shall,  before  entering 
upon  the  duties  of  his  office,  execute  a  bond  to  the  city, 
with  one  or  more  sureties  to  be  approved  by  the  Comptroller, 
in  the  penal  sum  of  $10,000,  conditioned  for  the  faithful 
performance  of  the  duties  of  his  office.  (E.  O.  1897,  sec.  37, 
with  verbal  changes.) 

§  479.  Before  entering  upon  the  duties  of  his  office  the 
City  Clerk  shall  execute  a  bond  to  the  city,  v\dth  one  or 
more  sufficient  sureties  to  be  approved  by  the  Comptroller, 
in  the  penal  sum  of  $1,000,  conditioned  for  the  faithful 
performance  of  the  duties  of  his  office.  (Id.,  sec.  2,  with 
verbal  changes.) 

§  480.  The  Corporation  Counsel  shall,  before  entjering  upon 
the  duties  of  his  office,  execute  a  bond  to  the  corporation, 
with  two  sufficient  sureties,  to  be  approved  by  the  Comp- 
troller and  filed  in  the  office  of  the  Comptroller,  in  the  penal 


CODE  OF  ORDINANCES  OF  l^Hfi  CIT^  OF  NEW  YORS.  Ill 

sum  of  $5,000,  conditioned  for  the  faithful  performance  of 
the  duties  of  his  office.     (Id.,  sec.  103,  with  verbal  changes.) 

§  481.  The  Supervisor  of  the  City  Kecord  hereafter  ap- 
pointed shall,  before  entering  upon  the  duties  of  his  office, 
execute  a  bond  to  the  city,  with  one  or  more  sureties  to  be 
approved  by  the  Comptroller,  in  the  penal  sum  of  $5,000, 
conditioned  upon  the  safe  keeping  of  the  money  of  the  city 
in  his  charge  and  upon  the  faithful  performance  of  the 
duties  of  his  office;  and  the  Deputy  Supervisor  of  the  City 
Eecord  shall,  after  his  appointment,  and  before  entering 
upon  the  duties  of  his  office,  execute  a  bond  to  the  city, 
vdth  one  or  more  sureties,  to  be  approved  by  the  Comp- 
troller, in  the  penal  sum  of  $5,000,  conditioned  upon  the 
faithful  performance  of  the  duties  of  his  office.  (Id.,  sec.  7, 
with  verbal  changes.) 

§  482.  Each  Commissioner  of  Public  Works,  before  enter- 
ing on  the  duties  of  his  office,  shall  execute  a  bond  to  the 
city,  with  at  least  two  sureties,  to  be  approved  by  the 
Comptroller  and  filed  in  the  office  of  the  Comptroller,  in 
the  penal  sum  of  $10,000,  conditioned  for  the  faithful  per- 
formance of  the  duties  of  his  office.  (Id.,  sec.  136,  with  ver- 
bal changes.) 

§  483.  The  Water  Register,  before  entering  upon  the 
duties  of  his  office,  shall  execute  a  bond  to  the  city,  with 
two  sufficient  sureties,  to  be  approved  by  the  Comptroller, 
in  the  penal  sum  of  $15,000,  conditioned  for  the  faithful  per- 
formance of  the  duties  of  his  office.  '(Id.,  sec.  151,  with 
verbal  changes.) 

§  484.  The  Collector  of  Assessments  and  Arrears,  before 
entering  upon  the  duties  of  his  office,  shall  execute  a  bond 
to  the  city,  with  at  least  two  sureties,  to  be  approved  by  the 
Comptroller  and  filed  in  his  office,  in  the  penal  sum  of  $20,000, 
conditioned  for  the  faithful  performance  of  the  duties  of 
his  office.     (Id.,  sec.  38,  with  verbal  changes.) 

§  485.  The  Collector  of  City  Revenue  and  the  Superin- 
tendent of  Markets  shall,  before  entering  upon  the  duties  of 
his  office,  execute  a  bond  to  the  city,  with  one  or  more 
sureties,  to  be  approved  by  the  Comptroller,  in  the  penal  sum 
of  $15,000,  conditioned  for  the  faithful  performance  of  the 
duties  of  his  office.     (Id.,  sec.  40,  with  verbal  changes.) 

§  486.  The  Deputy  Collectors  of  City  Revenue  shall,  re- 
spectively, before  entering  upon  the  duties  of  their  office, 
execute  a  bond  to  the  city,  with  one  or  more  sureties,  to  be 
approved  by  the  Comptroller,  in  the  penal  sum  of  $2,000. 
(Id.,  sec.  41,  with  verbal  changes.) 

§  487.  Before  entering  upon  the  duties  of  his  office,  the 
Clerk  to  the  Collector  of  City  Revenue  and  the  Superin- 
tendent of  Markets  shall  execute  a  bond  to  the  city,  with 
one  or  more  sureties,  to  be  approved  by  the  Comptroller, 
in  the  penal  sum  of  $5,000,  conditioned  for  the  faithful 
performance  of  the  duties  of  his  office.  (Id.,  sec.  42,  Avith 
verbal  changes.) 


112  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YOUK. 

II.   PuUic  Sessions  of  Boards. 

§  488.  All  meetings  of  the  boards  or  commissions  consti- 
tuting- departments  of  the  city  government  of  The  City  of 
New  York,  for  the  transaction  of  public  business,  shall  be 
held  openly,  and  shall  in  all  cases  be  accessible  to  the  public. 
Such  meetings  shall  be  held  at  such  times  and  places  as 
may  be  determined  upon  by  each  of  such  departments,  and 
due  notice  thereof  shall  be  published  daily  in  the  City 
Record.    (R.  O.  1897,  sec.  369.) 

III.   Office  Hours. 

§  489.  The  office  hours  of  all  public  offices  in  The  City 
of  New  York,  except  as  otherwise  provided  by  law,  shall 
be  from  nine  o'clock  A.  M.  to  four  P.  M.,  except  on  Saturdays, 
when  such  offices  shall  be  closed  at  twelve  o'clock,  noon, 
and  the  heads  of  all  departments,  may,  when  public  business 
requires  it,  keep  the  said  offices  open  after  four  o'clock. 

The  office  hours  of  the  City  Clerk  and  Clerk  of  the  Board 
of  Aldermen  shall  be  from  ten  o'clock  A.  M.  until  four  o'clock 
P.  M.,  except  on  Saturdays,  when  the  office  hours  shall  be 
from  ten  o'clock  A.  M.  until  twelve  o'clock  noon.  (Ord.  app. 
April  29,  1902.) 

lY.   Sale  of  Waste  Material. 

§  490.  All  old  and  waste  material  under  the  care  of  any 
department  shall  be  sold  from  time  to  time  as  it  may  be 
deemed  best  for  the  public  interest  so  to  do,  in  accordance 
with  the  provisions  of  law  as  so  provided,  the  sale  of  such 
material  to  be  under  the  immediate  supervision  of  the  head 
of  the  bureau  having  charge  of  such  material,  the  proceeds 
therefor  to  be  collected  by  said  head  of  bureau  and  trans- 
mitted within  twenty-four  hours  by  him  to  the  head  of  the 
department  for  deposit  in  the  city  treasury,  except  as  other- 
vvdse  specially  provided.     (R.  O.  1897,  sec.  368.) 

y.   East  River  Bridges. 

§  491.  The  New  York  and  Brooklyn  Bridge  shall  be 
designated  as  the  Brooklyn  Bridge. 

The  new  East  River  Bridge  shall  be  designated  as  the 
Williamsburg  Bridge. 

Bridge  No.  3,  crossing  the  East  river,  shall  be  designated 
as  the  Manhattan  Bridge. 

Bridge  No.  4,  crossing  the  East  river,  shall  be  designated 
as  the  Blackwell's  Island  Bridge.     (Ord.  app.  March  28,  1902.) 

YI.   Payment  of  Jurors. 

§  492.  In  pursuance  of  section  3314  of  the  Code  of  Civil 
Procedure,  it  is  hereby  directed  that  the  sum  of  two  dollars 
be  allowed  to  each  trial  juror  for  each  day's  necessary 
attendance  by  him  as  ssuch  a  juror  at  a  term  of  any  court  ot 


CODE  01*  OUDlNAIfCES  OF  THE  CITY  OF  NEW  YOUK.         113 

record  of  civil  jurisdiction  held  within  the  county  of  New 
York;  provided,  however,  that  no  such  juror  shall  be  so  paid 
for  attendance  on  any  day  on  which  he  shall  be  excused 
from  service  at  his  own  request.     (Ord.  app.  Feb.  13,  1903.) 

Til.  Flags  and  Decorations  at  the  City  Hall. 
§  493.  All  power  and  authority  to  display  flags  or  other 
decorations  on,  in  or  about  the  City  Hall,  or  other  public 
building's,  within  the  City  Hall  Park,  is  hereby  vested  in  the 
Mayor  of  The  City  of  New  York,  unless  otherwise  ordered 
by  the  Board  of  Aldermen  by  a  vote  of  a  majority  of  all  the 
members  elected  to  the  Board.     (R.  O.  1897,  sec.  722.) 

VIII.   Public  Worship  in  the  Streets. 

§  494.  Ko  person  shall  be  concernjed  or  instrumental  in 
collecting  or  promoting  any  assemblage  of  persons  under 
the  pretense  of  or  for  public  worship  or  exhortation  in  the 
Battery  or  any  of  the  markets  or  streets  or  parks  or  any 
public  place  in  The  City  of  New  York  laid  out  and  appointed 
for  the  common  use  of  the  citizens,  under  the  penalty  of 
twenty-five  dollars  for  each  ofEense.  (Ord.  app.  Dec.  28,  1903, 
sec.  1.) 

§  495.  It  shall  be  the  duty  of  all  police  officers  of  The 
City  of  New  York  to  prevent  all  such  assemblies  and  to 
prosecute,  apprehend  and  report  to  the  Corporation  Counsel 
all  persons  concerned  or  instrumental  in  promoting  the 
same.     (Id.,  sec.  2.) 

§  496.  Every  police  officer  who  shall  neglect  or  refuse  to 
perform  his  duty  in  the  premises  shall  for  every  such  neglect 
forfeit  and  pay  the  sum  of  five  dollars.     (Id.,  sec.  3.) 

§  497.  Nothing  contained  in  the  three  preceding  sections 
of  this  article  shall  be  oonstrued  to  prevent  any  clergyman 
or  minister  of  any  denomination  or  any  person  responsible 
to  or  regularly  associated  with  any  church,  missionary  asso- 
ciation or  incorporated  missionary  society  located  in  or 
working  for  New  York  City,  or  lay-preacher  or  lay-reader, 
from  preaching  in  any  specified  place  or  places  in  The  City 
of  New  York,  providing  that  such  person  shall  have  obtained 
the  written  permission  of  either  the  Mayor,  Commissioner 
of  Police  or  one  of  the  Aldermen  of  the  city  therefor. 

"  Provided,  also,  that  such  vn'itten  permission  shall  have 
indorsed  upon  it  the  approval  or  consent  of  the  Aldermen  of 
each  district  in  which  any  place  specified  in  said  written 
permission  shall  be  located."     (Id.,  sec.  4.) 

§  498.  This  ordinance  £hall  not  be  construed  to  prevent 
any  ministers  or  people  of  any  church,  usually  called  Bap- 
tists, from  assembling  in  proper  places  in  The  City  of  New 
York  for  the  purpose  of  performing  the  rites  of  baptism 
according  to  the  ceremonijes  of  such  church.     (Id.,  see.  5.) 

§  499.  No  person  shall  disturb,  molest  or  interrupt  any 
clergyman,  minister,  missionary,  lay-preacher  or  lay-reader 
8  . 


114  CODE  OF  CRDINANCES  OF  THE  CITY  OF  NEW  YORK. 

■who  shall  be  preaching  and  have  obtained  permission  accord- 
ing to  this  ordinance  or  any  minister  or  people  who  shall 
be  performing  the  rites  of  baptism  as  permitted  by  this 
ordinance,  nor  shall  any  person  commit  any  riot  or  disorder 
in  any  such  assembly,  under  the  penalty  of  twenty-five 
dollars  for  each  offense.     (Id.,  sec.  6.) 

IX.    The  Display  of  Immoral  Pictures. 

§  500.  No  person  shall  expose,  display,  post  up,  exhibit, 
paint,  print  or  mark,  nor  place  or  cause  to  be  placed,  any 
placard,  poster,  bill  or  picture  of  any  show,  exhibition, 
theatrical  or  other  performance  in  or  on  any  building,  bill- 
board, wall  or  fence  on  any  street,  nor  in  or  upon  any  public 
place,  in  The  City  of  New  York,  which  shall  be  of  lewd, 
indecent,  immoral,  immodest,  vulgar  or  suggestive  character, 
calculated  to  debauch  the  public  or  shock  the  sense  of 
decency  or  propriety.  (Ord.  app.  Oct.  24,  1905.  Amend,  by 
ord.  app.  July  2,  1906,  infra.) 

§  501.  Any  violation  of  the  provisions  of  section  1  of  this 
ordinance  shall  be  deemed  a  minor  offense,  and  upon  convic- 
tion thereof,  before  a  city  magistrate,  shall  be  punishable 
by  a  fine  of  not  less  than  ten  dollars  nor  more  than  fifty 
dollars,  or  by  imprisonment  in  the  city  prison,  or  by  both; 
but  no  such  imprisonment,  however,  shall  exceed  a  term  of 
ten  days.     (As  amend,  by  ord.  app.  Nov.  23,  1906,  infra.) 

X.   Car  Transfers  in  The  City  of  New  York. 

§  503.  Every  car  owned,  operated,  managed  or  controlled 
by  a  street  surface  railroad  company  in  the  streets  or  high- 
ways of  The  City  of  New  York,  shall  carry  throughout  its 
route  oh  the  outside,  in  front  and  on  top  of  each  and  every 
car  so  operated,  a  signboard  or  placard,  upon  which  shall 
appear  conspicuously  the  destination  of  the  said  car.  Every 
such  company  must  carry  for  a  single  fare  upon  such  car, 
without  change  therefrom,  each  and  every  passenger  to  any 
regular  stopping  place  desired  by  him,  upon  said  car's  route, 
in  the  direction  of  the  destination  so  designated;  and  for 
every  violation  of  the  ordinance  there  shall  be  recoverable 
against  the  company  so  offending  a  penalty  of  $100  in  an 
action  to  be  brought  in  the  name  of  The  City  of  New  York. 
(Ord.  app.  July  22,  1902,  sec.  1.) 

§  504.  This  ordinance  shall  not  apply  to  a  transfer  made 
to  a  connecting  line,  going  in  a  different  direction  from  that 
in  which  such  car  may  be  going,  nor  where,  by  reason  of 
any  accident,  compliance  with  the  ordinance  is  rendered 
impossible.     (Id.,  sec.  2.) 

This  is  the  so-called  "  car-ahead "  ordinance.  Held  within  the 
powers  conferred  on  the  Board  of  Aldermen  and  that  State  Rail- 
road Act  was  not  intended  to  deprive  city  authorities  from  regu- 
lating- similar  matters  within  precincts  of  the  city.  City  of  New 
York  vs.  Interurban  Street  Ry.  Co.,  86  N.  Y.  Supp.  673,  43  Misc.  29. 
See  also  City  of  New  York  vs.  N.  Y.  &  Queens  Co.  R.  R,  Co., 
89  App.  Div.  442. 


CODE  OF   OEDINANCES  OF  THE  CITY  OF  NEW  YORK.  115 

XI.   The  Heating  of  Street  Cars  in  The  City  of  New  York. 

§  505.  Each  street,  surface  or  other  railroad  company 
operating  or  running  cars  on  the  surface  of  any  street, 
avenue  or  thoroughfare  in  The  City  of  New  York  shall, 
between  the  first  day  of  October  and  the  first  day  of  April 
of  each  year,  properly  heat  and  keep  heated  at  least  every 
second  car  on  its  line  or  lines  whenever  the  temperature 
upon  the  street  shall  fall  below  forty  degrees  Fahrenheit. 
(Ord.  app.  April  21,  1903,  sec.  1.) 

§  506.  A  failure  to  so  heat  and  keep  heated  each  second 
or  alternate  car  where  the  thermometer  shall  record  a  tem- 
perature below  forty  degrees  Fahrenheit  shall  subject  the 
company  or  companies  so  violating  the  conditions  of  section 
505  to  a  penalty  of  twenty-five  dollars  fine  for  each  and  everj' 
failure  so  to  do.     (Id.,  sec.  2.) 

§  507.  There  shall  be  conspicuously  displayed  on  each  side 
of  each  heated  car,  when  all  the  cars  of  the  line  are  not 
heated,  a  placard  or  sign  containing  the  words  "  Heated  Oar  " 
in  large  type.     (Id.,  sec.  3.) 

§  508.  The  above  sections  shall  apply  only  to  cars  running 
a  distance  of  three  miles  or  more.     (Id.,  sec.  4.) 

XII,   Contracts  for  Supplies  and  Work  for  the  City. 

§  509.  All  supplies  to  be  furnished  or  work  to  be  done 
for  The  City  of  New  York,  whether  they  are  to  be  paid  for 
out  of  the  city  treasury  or  out  of  trust  moneys  under  the 
control  of  or  to  be  assessed  or  collected  by  The  City  of  New 
York,  shall  be  furnished  or  performed  by  contract,  except 
where  otherwise  provided  by  law.  (R.  O.  1897,  sec.  344. 
Renumbered  by  ord.  app.  Nov.  23,  1906,  infra.) 

§  510.  The  several  departments  and  officers  empowered  by 
law  to  make  contracts  on  the  part  of  the  city  shall  issue 
proposals  for  estimates  therefor,  and  advertise  the  same,  as 
provided  by  law.  There  shall  be  kept  by  each  of  said  depart- 
ments an  appropriate  box,  to  be  designated  "  Estimate  Box,'* 
wdth  a  proper  opening  in  the  top  thereof  to  receive  estimates 
for  which  proposals  have  been  issued.  Such  box  shall  be 
kept  locked,  except  at  such  times  as  it  may  be  necessary  to 
open  the  same  to  examine  and  decide  upon  said  estimates, 
and  the  key  thereof  shall  be  retained  by  the  head  of  the 
department.  It  shall  be  the  duty  of  the  head  of  the  depart- 
ment to  deposit  in  said  box  all  estimates  duly  presented  to 
him  for  work  to  be  done  under  the  direction  of  the  depart- 
ment, immediately  on  the  receipt  thereof  by  him.  (Id., 
sec.  345.) 

§  511.  The  proposals  for  estimates  shall  be  in  such  form 
as  may  be  prescribed  by  the  department  making  the  same, 
and  shall  contain  the  following  particulars: 

1.  They  shall  require  that  the  person  making  the  estimate 
shall  furnish  the  same  in  a  sealed  envelope  to  the  head  of 
the  appropriate  department,  at  his  office,  on  or  before  a  day 


IIG  CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

and  hour  therein  named,  not  less  than  ten  days  from  the 
first  publication  thereof. 

2.  They  shall  state  the  quantity  and  quality  of  supplies, 
or  the  nature  and  extent,  as  near  as  possible,  of  the  work 
required. 

3.  They  shall  state  that  the  estimates  received  will  be 
publicly  opened  by  the  head  of  the  department  issuing  the 
proposals,  at  his  office,  at  a  day  and  hour  therein  mentioned. 

4.  They  shall  state  the  amount  in  which  security  is  re- 
quired for  the  performance  of  the  contract. 

5.  They  shall  state,  briefly,  the  several  matters  required 
by  the  next  four  sections  to  be  contained  in  or  to  accompany 
the  estimates.     (Id.,  sec.  346.) 

§  512.    Each  estimate  shall  contain  — 

1.  The  name  and  place  of  residence  of  the  person  making 
the  same. 

2.  The  names  of  all  persons  interested  with  him  therein; 
and  if  no  other  person  be  so  interested,  it  shall  distinctly 
state  that  fact. 

3.  That  it  is  made  without  any  connection  with  any  other 
person  making  an  estimate  for  the  same  purpose,  and  is  in 
ill  respects  fair,  and  without  collusion  or  fraud. 

4.  That  no  member  of  the  Board  of  Aldermen,  head  of  a 
department,  chief  of  a  bureau,  deputy  thereof,  or  clerk 
therein,  or  other  officer  of  The  City  of'  New  York,  is  directly 
or  indirectly  interested  therein,  or  in  the  supplies  or  the 
work  to  which  it  relates,  or  in  any  portion  of  the  profits 
thereof.     (Id.,  sec.  347.) 

§  513.  The  estimate  shall  be  verified  by  the  oath,  in  writ- 
ing, of  the  party  making  the  estimate,  that  the  several 
matters  stated  therein  are  in  all  respects  true.  (Id.,  sec.  348.) 

§  514.  The  estimate  shall  be  accompanied  by  the  consent, 
in  writing,  of  two  householders  or  freeholders  in  The  City  of 
New  York,  or  of  a  guaranty  or  surety  company  duly  author- 
ized by  law  to  act  as  surety,  to  the  effect  that  if  the  contract 
be  awarded  to  the  person  making  the  estimate,  they  or  it 
will,  upon  its  being  so  awarded,  become  bound  as  his  sureties 
for  its  faithful  performance,  and  that  if  he  shall  omit  or 
refuse  to  execute  the  same,  they  or  it  will  pay  to  The  City  of 
New  York  any  difference  between  the  sum  to  which  he 
would  be  entitled  upon  its  completion  and  that  which  The 
City  of  New  York  may  be  obliged  to  pay  to  the  person  to 
whom  the  contract  shall  be  awarded  at  any  subsequent 
letting;  the  amount  in  each  case  to  be  calculated  upon  the 
estimated  amount  of  the  work  by  which  the  bids  are  tested. 
(Id.,  sec.  349.) 

§  515.  The  consent  mentioned  in  the  last  section  shall  be 
accompanied  by  the  oath  or  affirmation,  in  vsrriting  of  each 
of  the  persons  signing  the  same,  that  he  is  a  householder  or 
freeholder  in  The  City  of  New  York,  and  is  worth  the 
amount  of  the  security  required  for  the  completion  of  the 
contract,  and  stated  in  the  proposals,  over  and  above  all  his 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  117 

debts  of  every  nature,  and  over  and  above  his  liabilities,  as 
bail,  surety  or  otherwise,"  and  that  he  has  offered  himself 
as  a  surety  in  good  faith,  and  with  an  intention  to  execute 
the  bond  required  by  law;  and  like  affidavit  as  to  sufficiency 
shall  be  required  of  an  officer  of  any  company  so  consenting. 
(Id.,  sec.  350.) 

§  516.  The  sealed  envelope  containing  the  estimate  shall 
be  indorsed  with  the  name  or  names  of  the  person  or  per- 
sons presenting  the  same,  the  date  of  its  pres,entation,  and  a 
statement  of  the  work  to  which  it  relates;  and  no  estimate 
shall  be  taken  from  the  "  Estimate  Box,"  or  the  sealed 
envelope  thereof,  opened  by  any  one,  except  at  the  time  and 
in  the  manner  herein  designated  for  deciding  on  such  esti- 
mates. At  the  time  and  place  appointed  for  that  purpose 
in  the  proposals  as  prescribed  in  this  article,  the  head  of 
the  department,  or  other  officers  empowered  to  make  the 
contract,  in  the  presence  of  the  Comptroller,  and  such  of 
the  parties  making  them  as  may  desire  to  be  present,  shall 
then  and  there  open  the  said  estimate  box;  and  the  estimates 
to  be  examined  at  that  time,  as  may  appear  from  the  indorse- 
ments thereon,  shall  be  taken  from  said  box.  The  said  head 
of  department  shall  then  and  there  publicly  open  and  read 
all  estimates  which  he  may  have  received  for  the  contract 
mentioned  in  such  proposals,  and  shall  reject  all  estimates 
not  furnished  in  conformity  with  the  law  and  the  ordinances 
relating  thereto  and  the  requirements  thereof.  The  award 
of  the  contract  shall  be  made  according  to  law.  (Id.,  sec. 
351.) 

§  517.  When  proposals  are  issued  for  a  contract  to  furnish 
any  article  of  which  a  sample  can  conveniently  be  furnished, 
the  head  of  the  department  issuing  the  same  may  require 
that  such  sample  be  delivered  at  his  office  or  at  the  office 
of  the  head  of  the  appropriate  bureau  in  his  department, 
within  such  time  before  the  opening  of  the  estimates  as  he 
may  prescribe;  and  if  it  be  not  so  furnished,  or  do  not 
conform  to  the  quality  required  by  the  proposals,  the  esti- 
mate delivered  by  the  person  furnishing  or  omitting  to 
furnish  the  same,  as  the  case  may  be,  shall  be  rejected. 
(Id.,  sec.  352.) 

§  518.  In  all  contracts  for  work  for  The  City  of  New 
York  where  provision  is  made  for  the  payment  of  the  con- 
tract price  by  installments,  a  provision  shall  be  inserted 
that  the  contractor  shall  allow  ten  per  cent,  of  the  contract 
price  of  the  work  actually  done  to  remain  as  security  till 
the  whole  work  shall  be  completed  according  to  the  contract. 
(Id.,  sec.  353,  with  verbal  changes.) 

§  519.  In  all  contracts  f-or  the  work  for  The  City  of  New 
York  upon  any  public  building,  or  in  any  public  street  or 
place,  in  the  performance  of  which  accidents  or  injuries 
may  happen  to  the  person  or  property  of  another,  a,  pro- 
vision shall  be  inserted  that  the  contractor  shall  place 
proper  guards  for  the  prevention  of  accidents,  and  shall  put 


118  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

up  and  keep  at  nights  suitable  and  suJBficient  lights  during 
the  performance  of  the  work;  and  that  he  will  indemnify 
The  City  of  New  York  for  damages  or  costs  to  which  the 
city  may  be  put  by  reason  of  injury  to  person  or  property 
of  another  resulting  from  negligence  or  carelessness  in  the 
performance  of  the  work.     (Id.,  sec.  355.) 

§  520.  Every  contract  for  supplies  or  work  by  The  City  of 
New  York  shall  be  executed  by  the  contractor  or  contractors 
to  whom  the  same  may  be  awarded,  and  shall  be  accompanied 
by  a  bond  in  the  penalties  mentioned  in  the  proposals 
therefor,  executed  by  the  persons  or  company  consenting 
to  become  bound  as  sureties,  or  by  such  other  persons  or 
company  as  shall  be  substituted  therefor,  with  the  consent 
of  the  head  of  the  department  making  such  contract,  condi- 
tioned for  the  faithful  performance  of  the  contract  and 
every  provision  therein  contained,  and  which  bond  shall  be 
accompanied  by  the  oath,  in  writing,  of  the  person  signing 
the  same,  that  each  is  a  householder  or  freeholder  in  The 
City  of  New  York,  and  of  the  person  or  any  officer  of  such 
company,  that  he  or  it  is  worth  the  amount  of  the  security 
required  for  the  completion  of  the  contract  and  stated  in 
the  proposals,  as  hereinbefore  prescribed.  And  it  shall  be 
the  duty  of  the  Comptroller  to  require  such  sureties  to  be 
further  examined  before  himself  or  an  officer  authorized  to 
administer  oaths  deputed  by  him,  in  respect  to  the  items 
and  details  of  their  property,  before  approving  the  adequacy 
and  sufficiency  of  such  sureties.  And  the  several  depart- 
ments of  the  city  government  and  officers  aforesaid,  by 
which  every  and  each  contract  for  work  to  be  done  for  The 
City  of  New  York  shall  be  made  in  pursuance  of  these  ordi- 
nances, shall  have  power  and  it  shall  be  their  duty  to  require 
and  enforce  the  faithful  execution  of  each  and  every  contract 
so  made  by  them;  and  in  case  the  contractor  or  contractors 
shall  fail  in  any  respect  to  perform  the  work  which  he  or 
they  have  contracted  to  render  or  perform  within  the  time 
limited  for  the  performance  of  the  same,  then  it  shall  be 
the  duty  of  such  departments  or  officers  aforesaid  having 
charge  of  such  work  to  do  and  complete  the  same  in  the 
manner  provided  for  the  performance  of  the  same,  in  the 
contract,  and  the  cost  of  the  same  shall  be  a  charge  ag'ainst 
such  delinquent  contractor  or  contractors;  provided,  how- 
ever, that  the  head  of  any  department  or  officers  aforesaid, 
by  whom  any  such  contract  shall  be  made,  may,  on  good 
and  sufficient  cause,  extend  for  a  reasonable  time  the  period 
fixed  for  the  completion  thereof.     (R.  O.  1897,  sec.  356.) 

§  521.  Whenever  any  contract  shall  be  made  hereafter  by 
any  of.  the  departments  or  officers  aforesaid  of  The  City  of 
New  York,  the  amount  whereof  is  to  be  afterward  collected 
by  assessment  from  the  property  benefited  by  the  work  to 
be  done  under  said  contract,  it  shall  be  the  duty  of  the  head 
of  department  or  officers  aforesaid  making  such  contracts 
to  cause  to  be  inserted  therein  a  clause  that,  as  the  work 


\ 


CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  119 

progresses,  payments  will  be  made  to  the  contractors  by 
monthly  installments  of  seventy  per  cent,  on  the  work  per- 
formed, provided  the  amount  of  work  done  on  each  install- 
ment shall  amount  to  $1,500;  and  the  head  of  department 
making  such  contracts  shall  forthwith  file  a  copy  thereof 
with  the  Comptroller.     (Id.,  sec.  357.) 

§  522.  Whenever  any  payment  shall  become  due  upon  any 
contract,  according  to  the  provisions  thereof  or  in  accord- 
ance with  any  of  the  provisions  of  these  ordinances,  it  shall 
be  the  duty  of  the  head  of  department  or  ofiicer  aforesaid 
having  such  work  in  charge  to  furnish  to  the  person  or 
persons  entitled  to  such  payments  a  certificate,  in  writing, 
specifying  the  contract  upon  which  such  payment  is  due  and 
the  amount  due  upon  such  contract.     (Id.,  sec.  360.) 

§  523.  It  shall  be  the  duty  of  the  Comptroller,  on  the 
presentation  of  such  certificate  being  made  to  him,  to  pay 
the  amount  thereof  and  indorse  such  payment  upon  the  con- 
tract upon  which  said  payment  is  made;  but  no  payment 
shall  be  made  upon  such  contract  beyond  the  amount  thereof, 
and  the  final  payment  thereon  shall  not  be  made  until  the 
head  of  department  or  officer  aforesaid  having  such  work 
in  charge  shall  furnish  the  Comptroller,  who  shall  file  the 
same  in  his  office,  a  certificate  signed  by  the  head  of  such 
department  or  officer  aforesaid,  that  the  work  mentioned 
in  such  contract  has  been  completed  according  to  the  terms 
of  said  contract,  and  to  the  satisfaction  of  the  head  of 
department  giving  such  certificate.     (Id.,  sec.  361.) 

§  524.  The  Comptroller  shall  keep  an  account  of  all  bonds 
so  issued,  specifying  the  particular  work  on  account  of 
which  the  same  may  be  issued;  and  all  moneys  collected 
on  account  of  any  work  for  the  payment  of  which  said 
bonds  were  issued  shall  be  faithfully  applied  as  aforesaid. 
(Id.,  sec.  362.) 

§  525.  Each  and  every  contractor  shall  be  required  to 
have  an  affidavit  from  the  surveyor,  setting  forth  the  amount 
of  work  done,  of  every  description,  that  may  be  charged  in 
each  bill  or  assessment  list  of  said  contract;  and  said 
affidavit  shall  be  attached  to  said  assessment  list.  The 
inspector  shall  also  furnish  an  affidavit  attached  to  each 
contract  that  the  work  is  done  according  to  the  plans  and 
specifications,  said  affidavit  to  be  attached  to  each  assess- 
ment list  before  presented  for  confirmation.     (Id.,  sec.  303.) 

§  526.  In  all  cases  of  delinquency  in  the  payment  of  any 
assessment  for  work  done  under  a  contract  made  by  any 
contractor  with  The  City  of  New  York  in  respect  to  any 
street  or  road,  and  in  respect  to  the  building  of  wharves, 
piers,  slips  and  sewers  in  this  city,  and  in  all  such  lilco 
contracts  on  a  final  settlement  with  every  such  contractor, 
there  shall  be  allowed  and  paid  to  such  contractor  all 
interest  money  which  shall  have  been  collected  on  his  ac- 
count or  contract,  first  deducting*  the  collector's  commission 


120  CODfi  OF  ORDINANCES  OF  THE  ClTV  OF  NEW  YORK. 

on  so  much,  of  the  said  interest  as  shall  have  been  collected 
and  received  by  him.     (Id.,  sec.  364.) 

§  527.  In  all  contracts  for  work  done  at  the  expense  of 
and  by  The  City  of  New  York  for  the  more  speedy  execu- 
tion of  any  by-laws,  ordinances,  orders  or  directions  of  The 
City  of  New  York,  and  which  by  any  law  The  City  of  New 
York  is  authorized  to  collect  by  assessment  or  otherwise 
from  the  owners  or  occupants,  lessees  or  parties  interested 
in  any  property  deemed  benefited  thereby,  provision  shall 
be  made  for  the  payment  of  the  amount  of  said  contract, 
on  the  completion  of  the  work,  to  the  satisfaction  of  the 
department  making*  such  contract.  (Id.,  sec.  365,  with 
verbal  changes.) 

§  528.  It  shall  be  lawful  for  the  department  making  any 
contract  of  the  character  nuentioned  in  the  preceding  section 
of  this  article  to  make  provision  for  the  payment  to  any 
contractor  of  installments  on  account  of  such  work,  as  the 
same  progresses,  reserving  thirty  per  cent,  of  the  contract 
price  of  the  work  actually  done,  to  remain  as  security  till 
the  whole  work  be  completed  according  to  the  contract. 
(Id.,  sec.  366.) 

XIII.    Transportation  of  Iron,  Steel  or  Other  Material  Over  Streets. 

§  529.  All  rails,  pillars  and  columns  of  iron,  steel  or 
other  material,  which  are  being  transported  over  and  along 
the  streets  of  The  City  of  New  York  upon  carts,  drays, 
cars,  or  in  any  other  manner,  shall  be  so  loaded  as  to  avoid 
causing  loud  noises  or  disturbing  the  peace  and  quiet  of 
such  streets,  under  penalty  of  twenty-five  dollars  for  each 
ofEense.    (R.  O.  1897,  sec.  673.) 

XIV.   Walks  and  Bridges  Over  O'utters. 

§  530.  It  shall  be  lawful  for  any  person  who  so  desires 
to  place  and  keep  a  bridge  over  the  gutter  in  front  of  any 
building  other  than  those  used  as  private  residences,  except 
on  Broadway,  Fifth  avenue  and  Madison  avenue,  on  the 
following  conditions :  First  —  x\pplication  must  be  made  to 
the  Bureau  of  Licenses,  and  the  sum  of  one  dollar  per 
annum,  dating  from  the  granting  of  such  periiiit,  paid  for 
the  privilege.  Second  —  Every  such  bridge  shall  be  con- 
structed under  the  supervision  and  subject  to  the  direction 
of  the  President  of  the  Borough  in  which  the  same  shall 
be  constructed.  Third  —  Every  such  bridge  shall  be  so  con- 
structed that  it  can  be  easily  moved,  and  it  shall  be  the 
duty  of  every  person  to  whom  such  privilege  may  be  granted, 
and  to  all  persons  now  enjoying  a  like  privilege,  to  clean 
thoroughly,  or  cause  to  be  so  cleaned,  the  gutter  under- 
neath every  such  bridge  on  Wednesday  of  each  week,  be- 
tween the  hours  of  sunrise  and  9  o'clock  A.  M.  The  Mayor 
may,  for  any  violation  of  this  ordinance,  or  on  the  complaint 
of  any  citizen,  or  for  any  cause  that  he  may  deem  sufficient, 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  121 

revoke  any  such  permit   so  granted,   or   like  privilege  now 
enjoyed  without  a  permit.     (R.  O.  1897,  sec.  780.) 

XT.  The  Discharge  of  ComMstible  Snhstances. 
§  531.  No  person  shall  fire,  discharge  or  set  off  in  The 
City  of  New  York  any  rocket,  cracker,  torpedo,  squib,  bal- 
loon or  other  fireworks,  or  thing  containing  any  substance 
in  a  state  of  combustion  under  the  penalty  of  five  dollars 
for  each  offense.     (R.  O.  1897,  sec.  718.) 

Notes. 

Evidence,  Pleading.—  The  courts  will  not  take  judicial  notice  of 
municipal  ordinances.  They  must  be  specially  pleaded  and  proved. 
City  of  New  York  vs.  Knickerbocker  Trust  Co.,  104  App.  Div.  223. 

Validity.—  An  ordinance  adopted  pursuant  to  authority  from  the 
Legislature  has  the  same  force  within  the  corporate  limits  as  a 
statute  passed  by  the  Legislature.  Village  of  Carthage  vs.  Fred- 
erick, 122  N.  Y.,  268;  City  of  Buffalo  vs.  N.  Y.  Lake  Erie  R.  R., 
152  N.  Y.  276. 

Burden  of  Proof.—  An  ordinance  is  presumed  to  be  reasonable. 
City  of  New  York  vs.  Hewitt,  91  App.  Div.  445.  But  it  is  always 
competent  to  show  that  it  is  unreasonable.  Mayor  vs.  Dry  Dock 
Ry.  Co.,  133  N.  Y.  104;  Fire  Dept.  vs.  Gilmour,  149  N.  Y.  453;  Health 
Dept.  vs.  Rector  Trinity  Church,  145  N.  Y.  32;  Brooklyn  Crosstown 
R.  R.  Co.  vs.  City  of  Brooklyn,  37  Hun,  413. 

Negligence  and  Nuisance.—  The  suits  brought  to  recover  dam- 
ages suffered  by  reason  of  the  violation  of  ordinances  are  very 
numerous.  See  Thomas  on  Negligence  and  Wood  on  Nuisances. 
For  ready  reference  the  following  leading  cases  are  given: 

Vaults  and  Cellars.— Babbage  vs.  Powers,  130  N.  Y.  281;  Jorgen- 
sen  vs.  Squires,  144  N.  Y.  281;  Jennings  vs.  Van  Schaick,  108  N.  Y. 
530. 

Landlord.— Trustees  Canandaigua  vs.  Foster,  156  N.  Y.  354; 
Swords  vs.  Edgar,  59  N.  Y.  28;  Ahem  vs.  Steele,  115  N.  Y.  203. 

Complying  with  Conditions  of  License.—  Wolf  vs.  Kirkpatrick, 
101  N.  Y.  146;  Devine  vs.  Nat.  Wall  Paper  Co.,  95  App.  Div.  194. 

Coal  Hole.—  Clifford  vs.  Dam,  81  N.  Y.  52. 

Construction. —  While  ordinances  providing  penalties  are  to  be 
strictly  construed.  Village  of  Stamford  vs.  Fisher,  140  N.  Y.  187. 
Still  they  must  be  reasonably  construed  so  as  to  give  effect  to 
the  intent  of  the  Legislature.  O'Keefe  vs.  Adams,  46  St.  Rep.  557; 
People  ex  rel.  Cumiskey  vs.  Wurster,  14  App.  Div.  556;  Mavor.  etc., 
vs.  Third  Ave.  R.  R.  Co.,  16  St.  Rep.  122,  app.  117  N.  Y.  404;  Duryee 
vs.   Mayor,  96  N.  Y.  477.    See  McQuillin,  Municipal  Ordinances. 

Defenses.—  The  fact  that  other  persons  are  violating  an  ordi- 
nance and  are  not  prosecuted  is  no  defense.  City  of  Buffalo  vs. 
N.  Y.,  Lake  Erie  &  W.  R.  R.,  152  N.  Y.  276. 

Chapter  14. —  The  Sanitary  Code. 

By  Laws  1904,  ch.  628,  sec.  3,  the  Sanitary  Code  in  force  May  1. 
1904,  was  made  a  chapter  of  the  ordinances  of  New  York  City.  All 
amendments  when  filed  with  the  City  Clerk  take  effect 

The  following  sections  embody  substantiallv  the  Sanitary  Code 
as  adopted  by  the  Board  of  Health  of  the  Department  of  Health 
of  The  City  of  New  York.  "  conformed  to  chapter  XIX,  title  1, 
chapter  378,  of  the  Laws  of  1897,  and  chapter  XIX,  title  1, 
chapter  466,  of  the  Laws  of  1901,  pursuant  to  section  1172  of  said 
titles,  with  the  amendments  and  additional  provisions,  added  and 
published  to   March  1,   1905."    See   notes  under  sec.   1,   infra. 

Definitions  of  Terms. 
Section  1.     The  terms  "  Board,"   "  this  Board  "  and  "  said 
Board"  whe^eve^  used  in  this  Code  shall  be  bjeld  to  mean 


122  CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

the  "  Board  of  Health  of  the  Department  of  Health  of  The 
City  of  New  York;  "  the  word  "  Department,"  whenever  used 
herein,  shall  be  held  to  mean  the  Department  of  Health  of 
The  City  of  New  York;  the  words  "  person,"  "  owner," 
"  tenant,"  "  lessee,"  "  occupant,"  "  contractor,"  "  party," 
"  manager,"  "  board "  and  *'  officer,"  shall  respectively  be 
held  to  apply  to  and  include,  both  jointly  and  severally, 
each  and  all  owners,  tenants,  lessees,  occupants,  contractors, 
parties  in  interest,  persons,  managers,  boards,  officers  and 
corporations,  who  may  sustain  the  relations,  or  may  be  in 
like  position  of  any  one  or  more  thereof  referred  to  in  any 
ordinance  or  regulation;  every  word  or  phrase  anywhere 
herein  defined  shall  be  held  to  have  such  meaning  whenever 
used  herein;  the  words  "  City,"  or  "  this  City,"  or  "  said 
City,"  whenever  used  herein,  shall  be  held  to  mean  The 
City  of  New  York;  the  word  "  regulations  "  shall  be  held  to 
include  "  special  regulations "  (which  latter  will  be  from 
time  to  time  issued,  and  will  contain  more  detailed  pro- 
visions than  can  be  herein  conveniently  set  forth);  the 
word  "  permit "  shall  be  construed  to  mean  the  permission 
in  writing  of  this  Board,  issued  according  to  its  by-laws, 
rules,  regulations  and  Sanitary  Code;  and  every  "  report " 
herein  required  shall  be  held  to  be  a  report  in  writing, 
signed  by  the  person  (and  indicating  his  official  position) 
who  makes  the  same;  the  word  "  light  "  or  "  lighted  "  shall 
be  held  to  refer  to  natural,  external  light;  and  all  words 
and  phrases  herein  defined  shall  also  include  their  usual 
and  natural  meaning,  as  well  as  those  herein  especially 
given.     (Id.,  sec.  1.) 

It  is  well  settled  in  this  and  other  States  that  the  Legislature  has 
the  power  to  delegate  to  municipal  authorities  the  right  to  pass 
ordinances  to  promote  the  public  health  and  safety.  Polinsky  vs. 
People,  73  N.  Y.  65.  Cases  cited  in  Ford  vs.  N.  Y.  Central  R.  R. 
Co.,  33  App.  Div.,  at  p.  478.  As  to  the  police  powers  in  general,  see 
Matter  of  Jacobs,  98  N.  Y.  98,  and  Health  Dept.  vs.  Rector,  etc., 
Trinity  Church,  145  N.  Y.  32. 

The  power  to  pass  ordinances  to  regulate  the  preservation  of  the 
public  health  is  vested  in  the  Board  of  Aldermen  by  the  Revised 
Charter,  L.  1901,  ch.  466,  sec.  43.  Also  discussion  of  constitutional 
question  in  Tenement  House  Dept.  of  N.  Y.  City  vs.  Moeschen, 
179  N.  Y.  325.  Also  see  Met.  Board  of  Health  vs.  Heister,  37  N.  Y. 
661;  People  ex  rel.  Cox  vs.  Special  Sessions,  7  Hun,  214;  Health 
Dept.  vs.  Knoll,  70  N.  Y.  530.  For  powers  granted  to  Department 
of  Health,  see  chapter  XIX,  L.  1901,  ch.  466. 

§  2.  The  word  "  street,"  when  used  in  the  Sanitary  Code, 
shall  be  held  to  include  avenues,  public  highways,  sidewalks, 
gutters  and  public  alleys;  and  the  words  "public  place" 
shall  be  held  to  include  parks,  piers,  docks  and  wharves,  and 
water  and  open  spaces  thereto  adjacent,  and  also  public 
yards,  grounds  and  areas,  and  all  open  spaces  between  build- 
ings and  streets,  and  in  view  of  such  streets;  the  word 
"  ashes "  shall  be  held  to  include  cinders,  coal  and  every- 
thing that  usually  remains  after  fires;  the  word  "  rubbish  " 
shall  be  held  to  include  all  the  loose  and  decayed  material 
and  dirt-Uke  substance  that  attends  us^  or  decay,  or  whicU 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  123 

accumiilates  from  building-,  storing"  or  cleaning;  the  word 
"  garbag-e "  shall  be  held  to  include  swill  and  every  accu- 
mulation of  both  animal  and  vegetable  matter,  liquid  or 
othjerwise,  that  attends  the  preparation,  decay  and  dealing 
in,  or  storage  of  meats,  fish,  fowls,  birds  or  vegetables;  and 
the  word  "  dirt "  shall  be  held  to  mean  natural  soil,  earth 
and  stone.     (Id.,  sec.  2.) 

§  3.  A  "  tenement  house "  shall  be  taken  to  mean  and 
include  every  house,  building  or  portion  thereof,  which  is 
rented,  leased,  let  or  hired  out  to  be  occupied,  or  is  occupied, 
as  the  home  or  residence  of  three  families  or  more,  living 
independently  of  each  other,  and  doing  their  cooking  upon 
the  premises,  or  by  more  than  two  families  upon  any  floor, 
so  living  and  cooking,  but  having  a  common  right  in  th^ 
halls,  stairways,  yards,  water  closets  or  privies  or  some  of 
them.  A  "  lodging  house "  shall  be  taken  to  mean  and 
include  any  house  or  building,  or  portion  thereof,  in  which 
persons  are  harbored  or  received  or  lodged  for  hire  for  a 
single  night  or  for  less  than  a  week  at  one  time,  or  atty 
part  of  which  is  let  for  any  person  to  sle«p  in  for  any  term 
less  than  a  week.  A  **  cellar  "  shall  be  taken  to  mean  and 
include  every  basement  or  lower  story  of  any  building  or 
house  of  which  one-half  or  more  of  the  height  from  the 
floor  to  the  ceiling  is  below  the  level  of  the  street  adjoining. 
The  phrase  "  boarding  house  "  shall  be  held  to  include  every 
building,  and  every  story  and  portion  thereof,  which  is  at 
any  time  or  usually  used,  leased  or  occupied,  or  intended 
so  to  be,  by  any  number  of  persons  exceeding  ten,  as  board- 
ers thereat.  The  word  "  manufactory "  shall  be  held  to 
include  every  building,  and  every  story  and  portion  thereof, 
in  which  any  sort  of  labor  or  work  is  done,  which  calls  for 
the  continual  or  usual  presence  of  several  persons  during 
several  hours  of  the  day  or  night,  engaged  about  said  work 
or  labor;  and  the  word  "  saloon  "  shall  be  held  to  include 
every  portion  of  any  building  in  which  the  business  of  selling 
meals,  liquors,  drinks  or  refreshments  of  any  kind  shall  be 
conducted,  and  includes  **  concert  saloons."     (Id.,  sec.  3.) 

4.  The  term  "theatre"  shall  be  held  to  include  the 
building,  rooms  and  place  where  any  play,  concert,  opera, 
circus,  trick  or  jugglery  show,  gymnastic  or  other  exhibi- 
tion, masquerade,  public  dance,  drill,  lecture,  address  or 
other  public  or  frequent  gathering  or  amusement,  are,  is  or 
may  be  held,  given,  performed  or  take  place,  and  the  ap- 
proach or  approaches  thereto,  and  appurtenances  thereof. 
(Id.,  sec.  4.) 

§  5.  The  veord  "physician"  shall  include  every  person 
who  practices  about  the  cure  of  the  sick  or  injured,  or  who 
has  the  charge  of,  or  professionally  prescribes  for,  any 
X)erson  sick,  injured  or  diseased,  and  any  person  who  pur- 
sues the  business  of  or  acts  as  midwife;  and  the  phrase 
"  infectious  disease  "  shall  be  held  to  include  all  diseases  of 
an  infectious,  contagious  or  pestilential  nature.    (Id.,  sec.  5.) 


124  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

§  6.  The  word  "  meat "  whenever  herein  used,  includes 
every  part  of  any  land  animal  and  eggs  (whether  mixed  or 
not  with  any  other  substance) ;  and  the  word  "  fish  "  includes 
every  part  of  any  animal  that  lives  in  water,  or  the  flesh 
of  which  is  not  meat;  and  the  word  "vegetable"  includes 
every  article  of  human  consumption  as  food,  which  (not 
being"  meat,  or  fish,  or  milk)  is  held  or  offered  or  intended 
for  sale  or  consumption  as  food  for  human  beings,  at  any 
place  in  said  city;  and  all  fish  and  meat  found  therein  shall 
be  deemed  to  be  therein  and  held  for  such  sale  or  consump- 
tion as  such  food,  unless  the  contrary  be  distinctly  proved. 
(Id.,  sec.  6.) 

§  7.  The  word  "  cattle  "  shall  be  held  to  include  all  ani- 
mals, except  birds,  fowl  and  fish,  of  which  any  part  of  the 
body  is  used  as  food;  the  word  "  butcher  "  shall  be  held  to 
include  whoever  is  engaged  in  the  business  of  keeping, 
driving  or  slaughtering  any  cattle  or  in  selling  any  meat; 
the  words  "  private  market "  shall  include  every  store,  cellar, 
stand  and  place  (not  being  a  part  of  a  public  market)  at 
which  the  business  is  the  buying,  selling  or  keeping  for  sale 
of  m.eat,  fish  or  vegetables  for  human  food.     (Id.,  sec.  7.) 

Misfeasance  and  Nonfeasance. 

§  8.  No  person  shall  carelessly  or  negligently  do  or  devise 
or  contribute  to  the  doing  of  any  act  or  thing  dangerous  to 
the  life  or  detrimental  to  the  health  of  any  human  being; 
nor  shall  any  person  knowingly  do  or  advise  or  contribute 
to  the  doing  of  any  such  act  or  thing  (not  actually  author- 
ized by  law),  except  with  justifiable  motives,  and  for  ade- 
quate reasons;  nor  shall  any  person  omit  to  do  any  act,  or 
to  take  any  precaution,  reasonable  and  proper,  to  prevent 
or  remove  danger  or  detriment  to  the  life  or  health  of  any 
human  being.     (Id.,  sec.  8.) 

Obedience  to  Ordinances  and  Regulations. 

§  9.  Every  contractor  in  these  ordinances  referred  to,  and 
every  person  who  has  contracted  or  undertakes,  or  is  bound 
to  do  or  is  engaged  in  doing  any  one  of  the  things  in 
respect  of  which  these  ordinances  contain  provisions  or 
regulations,  shall  comply  with  these  ordinances^  to  the 
extent  that  any  contract,  obligation  or  duty  requires  or 
permits;  and  no  direction  of  any  contractors  or  persons 
shall  excuse  him  for  a  non-compliance  with  any  of  said 
ordinances.     (Id.,  sec.  9.) 

§  10.  It  is  hereby  declared  to  be  the  duty  of  every  owner 
and  part  owner  and  person  interested,  and  of  every  lessee, 
tenant  and  occupant  of  or  in  any  place,  water,  ground,  room, 
stall,  apartment,  building,  erection,  vessel,  vehicle,  matter 
and  thing  in  The  City  of  New  York,  and  of  every  person  con- 
ducting or  interested  in  business  therein  or  thereat,  and  of 
every    person    who    has    undertaken    to    clean    any    place. 


CODE  OP  ORDINANCES  OF  THE  CITY  OP  NEW  YORK.  125 

ground  or  street  therein,  and  of  every  person,  public  officer 
and  department  having  charge  of  any  ground,  place,  build- 
ing or  erection  therein,  to  keep,  place  and  preserve  the 
same  and  the  sewerage,  drainage  and  ventilation  thereof 
in  such  condition,  and  to  conduct  the  same  in  such  manner 
that  it  shall  not  be  a  nuisance  or  be  dangerous  or  pre- 
judicial to  life  or  health.  The  term  "building,"  as  used 
in  this  section,  includes  a  railway  car,  booth,  tent,  shop  or 
other  erection  or  enclosure.     (Id.,  sec.  10.) 

§  11.  Every  person  shall  observe  and  obey  each  and  every 
special  regulation  and  every  order  of  this  Board  that  is  or 
may  be  made  for  carrying  into  effect  any  of  the  ordinances 
or  powers  hereinbefore  or  hereinafter  contained,  or  any 
law  of  this  State  or  otherwise,  whether  issued  directly  by 
the  Board,  or  promulgated  by  any  bureau  charged  there- 
with, as  if  the  same  had  been  herein  inserted  at  length. 
(Id.,  sec.  11.) 

But  no  penalty  can  be  recovered  for  a  disobedience  of  an  order 
unless  one  is  prescribed.    Health  Dept.  vs.  Knoll,  70  N.  Y.  530. 

§  12.  No  person  shall  omit  or  refuse  to  comply  with,  or 
resist  any  of  the  provisions  of  the  Sanitary  Code,  or  any  of 
the  rules,  orders,  sanitary  regulations,  or  ordinances  estab- 
lished or  declared  by  this  Board  under  or  pursuant  to  any 
of  the  provisions  of  the  seventy-fourth  chapter  of  the  Laws 
of  1866;  or  of  chapter  686  of  the  Laws  of  1866;  or  of  chap- 
ter 956  of  the  Laws  of  1867;  or  of  chapter  335  of  the  Laws 
of  1873;  or  of  chapter  757  of  the  Laws  of  1873;  or  of  chapter 
636  of  the  Laws  of  1874;  or  of  chapter  378  of  the  Laws  of 
1897;  or  of  chapter  466  of  the  Laws  of  1901;  nor  shall  any 
person  refuse  or  neglect  to  comply  with  any  of  the  pro- 
visions of  the  said  laws  in  so  far  as  the  same  are  now  in 
force  and  applicable  to  The  City  of  New  York;  or  omit  or 
refuse  or  neglect  the  execution  of  any  order  or  special 
regulation  of  this  department;  no  person  shall  interfere 
with  or  obstruct  any  Inspector  of  this  department  when 
making  the  inspections  or  examinations  ordered  by  this 
Board,  or  when  executing  its  orders.     (Id.,  sec.  12.) 

§  13.  The  owner,  lessee,  tenant  and  occupant  of  any 
building  or  premises,  or  of  any  part  thereof,  where  there 
shall  be  a  nuisance,  or  a  violation  of  any  ordinance  or  sec- 
tion of  the  Sanitary  Code,  shall  be  jointly  and  severally 
liable  therefor,  and  each  of  them  may  be  required  to  abate 
the  nuisance,  or  comply  with  the  order  of  the  Board  of 
Health  in  respect  to  the  premises,  or  the  part  thereof,  of 
which  such  person  is  owner,  lessee,  tenant  or  occupant. 
(Id.,   sec.  13.) 

Golden  vs.  Health  Dept.,  21  App.  Div.  420;  People  ex  rel.  Copcutt 
vs.  Board  of  Health,  140  N.  Y.  1;  Board  of  Health  vs.  Copcutt,  140 
N.  Y.  12;  Lawton  vs.  Steele,  119  N.  Y.  226. 

§  14.  Whenever  a  nuisance  in  any  place  or  upon  any 
premises  in  The  City  of  New  York  shall  have  been  found  or 
declared  by  resolution  of  the  Board  of  Health  to  exist,  and 


126  CODE  OP  ORDINANCES  OF  THE  CITY  OP  NEW  YORK. 

an  order  shall  have  been  made  directing  the  owner,  lessee, 
tenant  or  occupant  of  such  premises  to  make  suitable  and 
necessary  repairs  or  improvements,  or  to  abate  the  said 
nuisance,  such  repairs  or  improvements  shall  be  made,  and 
such  nuisance  shall  be  fully  abated  within  the  time  specified 
in  and  by  said  order.     (Id.,  sec.  14.) 

False  Statements. 

§  15.  No  person  shall  make  any  false  or  untruthful  state- 
ment in  any  application  for  a  permit  from  the  Board  of 
Health.     (Id.,  sec.  15.) 

§  16.  No  person  shall  hereafter  erect,  or  cause  to  be 
erected,  or  converted  to  a  new  purpose  by  alteration,  any 
building  or  structure,  or  change  the  construction  of  any 
part  of  any  building  by  addition  or  otherwise,  so  that  it, 
or  any  part  thereof,  shall  be  inadequate  or  defective  in 
respect  to  strength,  ventilation,  light,  sewerage,  or  any 
other  usual,  proper,  or  necessary  provision  or  precaution 
for  the  security  of  life  and  health;  and  no  person  shall  make 
or  use  a  smoke-house  or  room,  or  apparatus  for  smoking 
meat,  without  a  permit  from  the  Board  of  Health,  and  sub- 
ject to  the  conditions  thereof;  nor  shall  the  builder,  owner, 
lessee,  tenant  or  occupant  of  any  such,  or  of  any  other 
building  or  structure  cause  or  allow  any  matter  or  thing  to 
be  or  to  be  done  in  or  about  any  such  building  or  structure 
dangerous  or  prejudicial  to  life  or  health.     (Id.,  sec.  16.) 

§  17.  No  owner  or  lessee  of  any  building,  or  any  part 
thereof,  shall  lease  or  let  or  hire  out  or  allow  the  same  or 
any  portion  thereof  to  be  occupied  by  any  person,  or  allow 
any  one  to  dwell  or  lodge  therein,  except  when  said  build- 
ing or  such  parts  thereof  are  sufficiently  lighted,  ventilated, 
provided  and  accommodated,  and  are  in  all  respects  in  that 
condition  of  cleanliness  and  wholesomeness  for  which  this 
Code  or  any  law  of  this  State  provides,  or  in  which  they  or 
either  of  them  require  any  such  premises  to  be  kept.  Nor 
shall  any  such  person  rent,  let,  hire  out,  or  allow,  having 
power  to  prevent  the  same,  to  be  used  as  or  for  a  place  of 
sleeping  or  residence,  any  portion  or  apartment  of  any 
building,  which  apartment  or  portion  has  not  at  least  two 
feet  of  its  height  and  space  above  the  level  of  every  part 
of  the  sidewalk  and  curbstone  of  any  adjacent  street,  nor  of 
which  the  floor  is  damp  by  reason  of  water  from  the 
ground,  or  which  is  impregnated  or  penetrated  by  any 
offensive  gas,  smell,  or  exhalation  prejudicial  to  health. 
But  this  section  shall  not  prevent  the  leasing,  renting,  or 
occupancy  of  cellars  or  rooms  less  elevated  than  aforesaid, 
and  as  a  part  of  any  building  rented  or  let,  when  they  are 
not  let  or  intended  to  be  occupied  or  used  by  any  person 
as  a  sleeping  apartment,  or  as  a  principal  or  sole  dwelling 
apartment.     (Id.,  sec.  17.) 

§  18.  No  person  having  the  right  and  power  to  prevent 
the  same  shall  knowingly  cause  or  permit  any  person  to 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  127 

sleep  or  remain  in  any  cellar,  or  in  any  bathroom,  or  in  any 
room  where  there  is  a  water-closet,  or  in  any  place  dang-er- 
ous  or  prejudicial  to  life  or  health,  by  reason  of  a  want  of 
ventilation  or  drainage,  or  by  reason  of  the  presence  of  any 
poisonous,  noxious  or  offensive  odors  or  substance,  or  other- 
wise.    (Id.,  sec.  18.) 

§  19.  No  ov^mer,  lessee,  or  keeper  of  any  tenement-house, 
lodging--house,  boarding'-house,  or  manufactory,  shall  cause 
or  allow  the  same  to  be  overcrowded  or  cause  or  allow  so 
g-reat  a  number  of  persons  to  dwell,  be,  or  sleep  in  any 
such  house,  or  any  portion  thereof,  as  thereby  to  cause  any 
dang-er  or  detriment  to  life  or  health.     (Id.,  sec.  19.) 

§  20.  Every  person  who  shall  be  the  ovmer,  lessee,  or 
keeper  or  manager  of  any  tenement-house,  boarding-house, 
lodging-house,  or  manufactory,  shall  provide,  or  cause  to  be 
provided,  for  the  accommodation  thereof,  and  for  the  use 
of  the  tenants,  lodgers,  boarders  and  workers  thereat,  ade- 
quate privies,  or  water-closets,  and  the  same  shall  be  ade- 
quately ventilated,  and  shall  at  all  times  be  kept  in  such 
cleanly  and  wholesome  condition  as  not  to  be  offensive,  or 
be  dangerous  or  detrimental  to  life  or  health.  And  no 
offensive  smell  or  gases,  from  or  through  any  outlet  or 
sewer,  or  through  any  such  privy  or  water-closet,  shall  be 
allowed  by  any  person  aforesaid  to  pass  into  such  house  or 
any  part  thereof,  or  into  any  other  house  or  building.  (Id., 
sec.  20.) 

§  21.  For  all  lodging-houses  in  The  City  of  New  York 
containing  rooms  in  which  there  are  more  than  three  beds 
for  the  use  of  lodgers  or  in  which  more  than  six  persons 
are  allowed  to  sleep,  a  permit  from  the  Board  of  Health 
shall  be  required,  and  no  person  shall  have,  lease,  let  or 
keep  any  such  lodging-house  or  the  lodgings  therein,  or 
assist  in  the  keeping,  hire,  or  assist  in  hiring,  or  conduct 
the  business  of  any  such  lodging-house,  or  the  lodgings 
therein,  except  pursuant  to  the  terms  and  conditions  of 
such  permit.  The  beds  in  all  lodging-houses  and  in  every 
room  in  which  beds  are  let  for  lodgers  shall  be  separated 
by  a  passageway  of  not  less  than  two  feet,  horizontally,  and 
all  the  beds  shall  be  so  arranged  that  under  each  of  them 
the  air  shall  freely  circulate,  and  there  shall  be  adequate 
ventilatiom  Four  hundred  cubic  feet  of  air  space  shall  be 
provided  and  allowed  for  each  bed  or  lodger.     (Id.,  sec.  21.) 

§  22.  Every  owner,  lessee,  tenant  and  manager  of  any 
boarding-house  or  manufactory,  shall  cause  every  part 
thereof  and  its  appurtenances  to  be  put  and  shall  thereafter 
cause  the  same  to  be  kept,  in  a  cleanly  and  wholesome  con- 
dition, and  shall  cause  every  room  thereof  in  which  any 
person  may  sleep,  dwell  or  work,  to  be  adequately  lighted 
and  ventilated;  and,  if  the  same  be  a  manufactory,  shall 
cause  every  part  thereof  in  which  any  person  may  work,  to 
be  maintained  at  such  temperature,  and  be  provided  with 
such  accommodations  and  safeguards  as  not,  by  reason  of 


128  CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW   YORK. 

the  want  thereof,  or  of  anything  about  the  condition  of 
such  manufactory  or  its  appurtenances,  to  cause  any 
unnecessary  danger  or  detriment  to  the  life  or  health  of 
any  person  being  properly  therein  or  thereat.     (Id.,  sec.  22.) 

§  23.  All  filthy  and  dirty  walls  and  ceilings  of  any  build- 
ing, including  the  walls  and  ceiling  of  the  cellar  thereof, 
shall  be  thoroughly  cleaned  and  whitewashed  whenever 
required  by  the  Board  of  Health.     (Id.,  sec.  23.) 

§  24.  The  roofs  and  skylights  of  all  buildings  shall  be 
kept  in  a  condition  of  good  repair  so  that  rain  water  shall 
not  enter  the  building.     (Id.,  sec.  24.) 

§  25.  No  master  or  teacher,  or  manager  of  or  in  any 
school,  public  or  private,  or  of  or  in  any  Sunday  school  or 
gymnasium,  or  the  officers  or  managers  thereof,  or  officers 
or  managers  or  persons  having  charge  of  any  place  of  pub- 
lic worship,  shall  so  far  omit  or  neglect  any  duty  or  reason- 
able care  or  precaution  respecting  the  safety  or  health  of 
any  scholar,  pupil  or  attendant,  or  respecting  the  tempera- 
ture, ventilation  or  cleanliness  or  strength  of  any  church, 
hall  of  worship,  school  house,  school  room  or  place  of  prac- 
tice or  exercise,  or  relative  to  anything  appurtenant  thereto, 
as  that  by  reason  of  such  neglect  or  omission,  the  life  or 
health  of  any  person  shall  suffer  or  incur  any  avoidable 
peril  or  detriment,  and  no  day  nursery  shall  be  conducted 
in  The  City  of  New  York  without  a  permit  from  the  Board 
of  Health.     (Id.,  sec.  25.) 

§  26.  Every  keeper  or  proprietor  of  a  hotel  or  boarding 
house,  and  every  other  person  having  for  use  a  bathing 
house  upon  any  beach  or  shore  of  the  ocean,  for  the  accom- 
modation of  his  guests  or  other  persons  for  pay,  shall  pro- 
vide for  the  safety  of  such  bathers  two  lines  of  sound, 
serviceable  and  strong  inanila  or  hemp  rope,  not  less  than 
one  inch  in  diameter,  anchored  at  some  point  above  high 
water,  at  the  same  distance  apart  as  the  line  of  bathing 
houses,  or  space  fronting  on  such  beach  occupied  by  him  is 
in  width;  and  from  the  two  points  at  which  such  life  lines 
are  so  anchored,  such  line  shall  be  made  to  extend  as  far 
into  the  surf  as  bathing  is  ordinarily  safe  and  free  from 
danger  of  drowning  to  persons  not  expert  in  swimming,  and 
at  such  points  of  safety  such  lines  shall  be  anchored  and 
buoyed.  From  the  two  points  of  such  lines  so  extended, 
anchored  and  buoyed,  a  third  line  shall  be  extended,  con- 
necting the  two  extremities,  and  buoyed  at  such  points  as 
to  be  principally  above  the  surface  of  the  water,  thereby 
inclosing  a  space  within  such  lines  and  the  beach  within 
which  bathing  is  believed  to  be  safe.  Every  such  keeper  or 
proprietor  or  other  such  person  shall  cause  to  be  painted 
and  put  up  in  some  prominent  place  upon  the  beach,  near 
such  bathing  houses,  the  following  words:  "  Bathing  beyond 
the  lines  dangerous."  Such  lines  so  placed,  anchored  and 
buoyed  and  such  notice  so  put  up,  shall  continue  and  be  so 
jnaintained  by  every  such  keeper,  proprietor  or  other  per^ 


CODE  OF  OBDINANCES  OF  THE  CITY  OF  NEW  YORK.  129 

Bon  during"  the  entire  season  of  surf  bathing-.  The  owner 
of  a  bathing  house  shall  not  be  subject  to  the  provisions  of 
this  section  where  it  is  used,  occupied  or  maintained  by  a 
lessee  for  hire,  but  such  lessee  shall  be  deemed  the  keeper 
or  proprietor  thereof.  No  bathing  establishment  shall  be 
maintained  in  The  City  of  New  York  or  along  the  water 
front  of  said  city  without  a  permit  from  the  Board  of 
Health.    (Id.,  sec.  26.) 

Sewerage  and  Drainage, 

§  27.  Every  person  using,  making  or  having-  any  drain, 
soil  pipe,  passage  or  connection  between  any  sewer  (or 
with  any  river  or  other  body  of  water)  and  any  ground, 
building,  erection  or  place  of  business,  and  in  like  manner 
every  owner  or  tenant  of  any  grounds,  buildings  or  erec- 
tions, and  every  person  interested  in  such  place  of  business 
or  the  business  thereat,  and  in  like  manner  every  board, 
flepartment,  officer  and  person  (to  the  extent  of  the  right 
and  authority  of  each),  shall  cause  and  require  such  drain, 
soil  pipe,  passage  and  connection  to  be  at  all  times  adequate 
for  its  purpose,  and  to  convey  and  allow,  freely  and  entirely, 
to  pass  whatever  enters  or  should  etiter  the  same;  and  no 
change  shall  be  made  of  the  drainage,  sewerage  or  the 
sewer  connection  of  any  house  or  premises,  Involving 
changes  in  the  drainage,  sewerage  or  sewer  connection  of 
any  other  house  or  premises,  unless  at  least  thirty  days' 
notice  thereof  in  writing  shall  have  been  previously  given 
to  this  department,  and  to  the  owner  or  occupant  of  the 
premises  affected  by  such  change.     (Id.,  sec.  27.) 

See  sec.  1215,  L.  1901,  chap.  466.    Matter  of  Van  Buren,  79  N.  T.  384. 

§  28.  It  shall  be  the  duty  of  all  boards,  departments, 
officers  and  persons  having  power  and  authority  so  to  do  or 
require  (and  to  the  extent  thereof)  to  cause  sufficient  water 
to  be  used,  and  other  adequate  means  to  be  taken,  so  that 
whatever  substance  may  enter  any  sewer  shall  pass  speedily 
along  and  from  the  same,  and  sufficiently  far  into  some 
water  or  proper  reservoir,  that  no  accumulations  shall  take 
place,  and  no  exhalations  proceed  therefrom,  dangerous  or 
prejudicial  to  life  or  health.     (Id.,  sec.  28.) 

§  29.  No  brick,  sheet  metal,  or  earthenware  material  or 
chimney  flue  shall  be  used  as  a  sewer  ventilator,  or  to  ven- 
tilate any  trap,  drain,  soil  or  waste  pipe.     (Id.,  sec.  29.) 

§  30.  The  soil,  waste  and  vent  pipes  in  an  extension  to 
any  building  must  be  extended  above  the  roof  of  the  main 
building  if  within  thirty  feet  of  the  front  or  rear  windows 
of  the  main  building  or  of  an  adjoining  building,  or  if  so 
located  as  to  cause  a  nuisance.     (Id.,  sec.  30.) 

§  31.  All  joints  in  iron  drain  pipes,  soil  and  waste  pipes, 
must  be  filled  with  oakum  and  lead  and  hand  caulked  so  as 
to  make  them  gas  tight.  All  connections  of  lead  with  iron 
pipes  must  be  made  with  a  brass  sleeve  or  ferrule  of  the 
game  size  as  the  lead  pipe,  put  in  the  hub  of  the  branch  of 
9 


130  CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

the  iron  pipe,  and  caulked  with  lead.  The  lead  pipe  must 
be  attached  to  the  ferrule  by  a  wiped  or  overcast  joint.  All 
connections  of  lead  Avaste  and  vent  pipes  shall  be  made  by 
means  of  wiped  joints.     (Id.,  sec.  31.) 

§  32.  All  house  drains,  waste,  soil  and  vent  pipes,  traps 
and  water  pipes  in  any  building-  and  premises  shall  at  all 
times  be  kept  in  g-ood  order  and  repair  so  that  no  g-ases  or 
odors  shall  escape  therefrom  and  so  that  the  same  shall  not 
leak.     (Id.,  sec.  32.) 

§  33.  Every  water  closet,  urinal,  sink,  basin,  wash  tray, 
bath  and  every  tub  or  set  of  tubs  and  hydrant  waste  pipe 
must  be  separately  and  effectively  trapped;  except  where  a 
sink  and  wash  tubs  immediately  adjoin  each  other,  in  which 
case  the  waste  pipe  from  the  tubs  may  be  connected  with 
the  inlet  side  of  the  sink  trap.  Traps  must  be  placed  as 
near  the  fixtures  as  practicable,  and  in  no  case  shall  a  trap 
be  more  than  two  feet  from  the  fixture.  In  no  case  shall 
the  waste  from  a  bath  tub  or  other  fixture  be  connected 
with  a  water  closet  trap.  No  trap  vent  pipe  shall  be  used 
as  a  waste  or  soil  pipe.     (Id.,  sec.  33.) 

§  34.  No  drain  pipe  from  a  refrig-erator  shall  be  con- 
nected with  the  soil  or  waste  pipe,  but  it  shall  discharge 
into  a  properly  trapped,  sewer-connected,  water  supplied 
open  sink.  No  overflow  pipe  from  a  tank  shall  discharge 
into  any  soil  or  waste  pipe,  or  water  closet  trap  or  into  the 
drain  or  sewer,  but  it  may  discharge  upon  the  roof  or  into 
an  open  water-supplied  tank.     (Id.,  sec.  34.) 

§  35.  Rain  water  leaders  shall  be  sound,  tig-ht  and  ade- 
quate for  their  purpose,  and  shall  not  be  used  as  soil,  waste 
or  vent  pipes,  or  be  connected  therewith;  nor  shall  any  soil, 
waste  or  vent  pipe  be  used  as  a  leader.  When  vsdthin  the 
house,  the  leader  must  be  of  cast  iron,  with  leaded  joints; 
when  outside  of  the  house  and  connected  with  the  house 
drain  it  must  be  trapped  beneath  the  ground  or  just  inside 
of  the  wall,  the  trap  being  arranged  in  either  case  so  as  to 
prevent  freezing.  In  every  case  where  a  leader  opens  near 
a  window  or  a  lightshaft,  it  must  be  properly  trapped  at  its 
base.  The  joint  between  a  cast  iron  leader  and  the  roof 
must  be  made  gas  and  water  tight  by  means  of  a  brass 
ferrule  and  lead  or  copper  pipe  properly  connected.  (Id., 
sec.  35.) 

§  36.  The  waste  or  soil  pipe  in  every  lodging  house  or 
other  dwelling  in  The  City  of  New  York  shall  be  ventilated 
by  extending  the  same  by  means  of  a  pipe  of  the  same  size 
to  the  height  of  not  less  than  two  feet  above  the  roof  of 
the  building.     (Id.,  sec.  36.) 

§  37.  No  privy  vault  or  cesspool  shall  be  allowed  to 
remain  on  any  premises,  or  shall  be  built  in  The  City  of 
New  York,  unless  when  unavoidable.  The  sides  and  bottom 
of  every  privy  vault,  cesspool  or  school  sink  in  The  City  of 
New  York  must  be  impermeable  and  secure  against  satura* 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  131 

tion  of  the  walls  or  the  ground  above  the  same.  No  water 
closet  or  privy  shall  be  constructed  without  adequate  pro- 
^ision  for  the  effectual  and  proper  ventilation  and  cleansing 
thereof.     (Id.,  sec.  37.) 

§  38.  No  person,  persons,  company  or  corporation  shall 
cause,  permit  or  allow  any  sewage,  drainage,  factory  refuse 
or  any  foul  or  offensive  liquid  or  other  material  to  flow, 
leak,  escape  or  be  emptied  or  discharged  into  the  waters  of 
any  river,  stream,  canal,  harbor,  bay  or  estuary,  or  into 
the  sea  within  the  city  limits,  excepting  under  low-water 
mark,  and  in  such  manner  and  under  such  conditions  that 
no  nuisance  can  or  shall  be  caused  thereby  or  as  a  result 
thereof;     (Id.,  sec.  38.) 

Street  Drainage. 

§  39.  Every  person,  when  cleaning  any  street,  shall  clean, 
and  every  contractor  shall  cause  to  be  cleaned,  the  gutters 
and  parts  of  the  street  along  which  the  water  will  run, 
before  using  any  water  to  wash  the  same;  and  no  sub- 
stance that  could  be  before  scraped  away  shall  be  washed  or 
allowed  to  be  carried  or  be  put  into  the  sewer,  or  into  any 
receptacle  therewith  connected.     (Id.,  sec.  39.) 

§  40.  No  person  being  owner,  lessee,  tenant  or  occupant 
of  any  building  or  premises,  shall  allow  any  water  or  other 
liquid  to  run  from  or  out  of  such  building  or  premises  upon 
or  across  any  sidewalk  or  curbstone,  and  if  such  substance 
is  allowed  to  pass  into  any  street,  it  must  reach  the  same 
by  a  passage,  to  be  kept  at  all  time  adequate  and  in  repair, 
under  or  through  such  flagstone  or  curbstone;  and  no  water 
or  other  liquid,  or  ice  therefrom,  shall  be  allowed  to  gather 
or  remain  on  the  upper  surface  of  such  curb,  flagstone  or 
passage;  nor  shall  such  person  allow  any  accumulation  of 
such  water  or  liquid,  or  the  ice  therefrom,  upon  any  street 
or  place,  but  shall  at  all  times  cause  the  same  to  be  removed 
or  to  pass  along  the  gutter  or  some  proper  passage  to  one 
of  the  rivers  or  into  a  sewer.     (Id.,  sec.  40.) 

§  41.  Every  owner,  tenant,  lessee  and  occupant  of  any 
building  or  lot  (whether  vacant  or  occupied)  within  or  near 
the  built-up  portions  of  said  city,  shall  keep  and  cause  to  be 
kept  the  sidewalk  and  flagging,  and  curbstone  in  front 
thereof,  free  from  obstructions  and  nuisances  of  every  kind, 
and  shall  not  allow  anything  in  the  area  or  yard  or  on  or 
about  his  premises  to  become  a  nuisance,  or  dangerous  or 
prejudicial  to  life  or  health.     (Id.,  sec.  41.) 

Food  and  Drink. 

§  42.  No  meat,  fish,  birds,  fowl,  fruit,  vegetables  or  milk 
not  being  then  healthj'-,  fresh,  sound,  wholesome  and  safe 
for  human  food,  nor  any  meat  or  fish  that  died  by  disease 
or  accident,  shall  be  brought  into  The  City  of  New  York,  or 
offered  or  held  for  sale  as  such  food  anywhere  in  said  city. 


132         CODE  OF  ORDINANCES  OF  THE  CITY  OF  KEW   VOUK. 

nor  shall  anj-  such  articles  be  kept  or  stored  therein.     (Id., 
sec.  42.) 

An  ordinance  forbidding  sale  of  decayed  meat  and  vegetables 
held  reasonable.    Town  of  Newton  vs.  Lyons,  11  App,  Div.  1U5. 

§  43.  No  calf,  or  the  meat  thereof,  shall  be  brought  into 
The  City  of  New^  York  or  held,  sold  or  offered  for  sale  for 
human  food,  vrhich,  v^^hen  killed,  w^as  less  than  four  wrecks 
old,  or  w^hen  killed  and  dressed  weighs  less  than  forty-five 
(45)  pounds.  No  pig,  or  the  meat  thereof,  shall  be  brought 
into  The  City  of  New  York,  or  held,  sold,  or  offered  for  sale 
for  human  food,  which,  when  killed,  was  less  than  15ve 
weeks  old.  No  lamb,  or  the  meat  thereof,  shall  be  brought 
into  The  City  of  New  York,  or  held,  sold,  or  offered  for  sale 
for  human  food,  which,  when  killed,  was  less  than  eight 
weeks  old.  Nor  shall  any  meagre,  sickly,  or  unwholesome 
fish,  birds  or  fowl  be  brought  into  said  city,  or  held,  sold, 
or  offered  for  sale  for  human  food.     (Id.,  sec.  43.) 

§  44.  No  cattle  shall  be  killed  for  human  food  while  in 
an  overheated,  feverish  or  diseased  condition;  and  all  such 
diseased  cattle,  in  The  City  of  New  York,  and  the  place 
where  found  and  their  disease,  shall  be  at  once  reported  to 
this  department  by  the  owner  or  custodian  thereof,  that 
the  proper  order  may  be  made  relative  thereto,  or  for  the 
removal  thereof  from  said  city.     (Id.,  sec.  44.) 

§  45.  The  body  of  any  animal  or  any  part  thereof,  which 
is  to  be  used  as  human  food,  shall  not  be  carted  or  carried 
through  the  streets  or  avenues,  unless  it  be  so  covered 
as  to  protect  it  from  dust  and  dirt;  and  no  meat,  poultry, 
game  or  fish  shall  be  hung  or  exposed  for  sale  in  any 
street  or  outside  of  any  shop  or  store,  or  in  the  open  win- 
dows or  doorways  thereof,  in  The  City  of  New  York.  No 
meat  or  dead  animal  above  the  size  of  a  rabbit  shall  be 
taken  to  any  public  or  private  market  to  be  sold  for  human 
food  until  the  same  shall  have  been  fully  cooled  after  kill- 
ing, nor  until  the  entrails,  head  and  feet  (except  of  poultry 
and  game  and  except  the  heads  and  feet  of  swine)  shall  have 
been  removed.     (Id.,  sec.  45.) 

§  46.  No  breadstuffs,  cake,  pastry,  dried  or  preserved 
fruits,  candies  or  confectionery  shall  be  kept,  sold  or  offered 
for  sale  outside  of  a  building  in  The  City  of  New  York,  or  in 
any  street  or  public  place,  unless  they  be  kept  properly 
covered  so  that  they  shall  be  protected  from  dust  and  dirt. 
(Id.,  sec.  46.) 

§  47.  No  person,  being  the  manager  or  keeper  of  any 
saloon,  boarding-house  or  lodging-house,  or  being  employed 
as  a  clerk,  servant  or  agent  thereat,  shall  therein  or  thereat, 
offer  or  have,  for  food  or  drink,  or  to  be  eaten  or  drunk, 
any  poisonous,  deleterious  or  unwholesome  substance,  nor 
allow  anything  therein  to  be  done  or  to  occur  dangerous  to 
life  or  prejudicial  to  health.     (Id.,  sec.  47.) 

§  48.  No  meat,  fish,  fruit,  vegetable  or  milk,  or  unwhole- 
some liquid  shall  knowingly  be  bought,  sold,  held,  offered 


CODE  OF  ORDINANCES  OP  THE  CITY  OP  NEW  YORK.  133 

for  sale,  labeled,  or  any  representation  made  in  respect 
thereof,  under  a  false  name  or  quality,  or  as  being-  what  the 
same  is  not,  as  respects  wholesomeness,  soundness  or  safety 
for  food  or  drink.     (Id.,  sec.  48.) 

§  49.  Every  person,  being-  the  owner,  lessee,  or  occupant 
of  any  room,  stall  or  place  where  any  meat,  fish,  fruit  or 
vegetables,  desigTied  or  held  for  human  food,  shall  be  stored 
or  kept,  or  shall  be  held  or  offered  for  sale,  shall  put  and 
keep  such  room,  stall  and  place,  and  its  appurtenances,  in 
a  cleanly  and  wholesome  condition;  and  every  person  having- 
charge,  or  interested  or  engaged,  whether  as  prirjcipal  or 
agent,  in  the  care  or  in  respect  to  the  custody  or  sale  of 
any  meat,  fish,  fruit,  birds,  fowl  or  vegetables,  designed 
for  human  food,  shall  put  and  preserve  the  same  in  a 
cleanly  and  wholesome  condition,  and  shall  not  allow  the 
same,  or  any  part  thereof,  to  be  poisoned,  infected,  or  ren- 
dered unsafe  or  unwholesome  for  human  food.     (Id.,  sec.  49.) 

§  50.  No  butcher  or  dealer  shall  keep  in  any  market  any 
refrigerator  or  ice-box,  unless  the  same  shall  be  lined  with 
some  proper  metallic  substance,  so  as  to  be  water  tight. 
(Id.,  sec.  50.) 

§  51.  In  the  sale,  or  keeping  for  sale,  of  any  beverage  or 
drink,  no  person  shall  keep  or  use  any  tap,  faucet,  tank, 
fountain  or  vessel,  or  any  pipe  or  conduit  in  connection 
therewith,  which  shall  be  composed  or  made,  either  wholly 
or  in  part,  of  brass,  lead,  copper,  or  other  metal  or  metallic 
substances  that  are  or  will  be  affected  by  liquids  so  that 
dangerous,  unwholesome  or  deleterious  compounds  are 
formed  therein  or  thereby,  or  such  that  beer,  soda  water, 
syrups  or  other  liquids,  or  any  beverage,  drink  or  flavoring 
material  drawn  therefrom  shall  be  unwholesome,  danger- 
ous or  detrimental  to  health.     (Id.,  sec.  51.) 

§  52.  No  person  shall  have  at  any  place  where  milk, 
butter  or  cheese  is  kept  for  sale,  nor  shall  at  any  place  sell, 
deliver,  or  offer,  or  have  for  sale,  or  keep  for  use,  nor  shall 
any  person  bring  or  send  to  said  city  any  unwholesome, 
skimmed,  watered  or  adulterated  milk,  or  milk  known  as 
"  swill-milk,"  or  milk  from  cows  or  other  animals-  that  for 
the  most  part  have  been  kept  in  stables  or  that  have  been 
fed  in  whole  or  in  part  on  swill,  or  milk  from  sick  or  dis- 
eased cows  or  other  animals,  or  any  butter  or  cheese  made 
from  any  such  milk,  or  any  unwholesome  butter  or  cheese. 
(Id.,  sec.  52.) 

Ordinances  to  prevent  sale  of  adulterated  milk  are  within  power 
of  the  Department  of  Health.    Polinsky  vs.  People,  73  N.  Y.  65. 

§  53.  No  milk  which  is  watered,  adulterated,  reduced  or 
changed  in  any  respect  by  the  addition  of  water  or  other 
substance,  or  by  the  removal  of  cream,  shall  be  brought 
into  The  City  of  New  York,  or  held,  kept,  sold  or  offered 
for  sale  at  any  place  in  said  city;  nor  shall  any  one  keep, 
have,  sell  or  offer  for  sale  in  the  said  city  any  such  milk. 


134  CODE  OP  OEDINANCES  OF  THE  CITY  OF  NEW  YORK. 

The  term  "  adidterated  milk,"  when  so  used  in  this  Code, 
means: 

First. —  Milk  containing  more  than  eighty-eig-ht  per  centum 
of  water  or  fluids. 

Second. —  Milk  containing  less  than  twelve  per  centum 
of  milk  solids. 

Third. —  Milk  containing  less  than  three  per  centum  of  fats. 

Fourth. —  Milk  drawn  from  animals  within  fifteen  days 
before  or  five  days  after  parturition. 

Fifth. —  Milk  drawn  from  animals  fed  on  distillery  waste, 
or  any  substance  in  a  state  of  fermentation  or  putrefaction, 
or  on  any  unwholesome  food. 

Sixth. —  Milk  drawn  from  cows  kept  in  a  crowded  or 
unhealthy  condition. 

Seventh. —  Milk  from  which  any  part  of  the  cream  has  been 
removed. 

Edghth. —  Milk  which  has  been  diluted  with  water  or  any 
other  fiuid,  or  to  which  has  been  added,  or  into  which  has 
been  introduced,  any  foreign  substances  whatever. 

Ninth. —  Milk  the  temperature  of  which  is  higher  than 
fifty  degrees  Fahrenheit.     (Id,,  sec.  53.) 

§  54.  Any  milk  found  to  be  adulterated,  which  has  been 
brought  into  The  City  of  New  York,  or  is  held  or  offered 
for  sale  in  said  city,  may  be  seized  and  destroyed  by  any 
Inspector  or  other  officer  of  this  department  authorized  to 
inspect  same.     (Id.,  sec.  54.) 

Mere  possession  of  adulterated  milk  is  not  an  offense.  People  vs. 
Timmerman,  79  App.  Div.  565. 

§  55.  No  condensed  milk  which  is  adulterated  shall  be 
brought  into  The  City  of  New  York,  or  held,  kept,  sold  or 
offered  for  sale  at  any  place  in  said  city,  nor  shall  any  one 
have,  keep,  sell  or  offer  for  sale  in  said  city  any  such  con- 
densed milk.  The  words  "  condensed  milk  "  mean  pure  milk 
from  which  any  part  of  the  water  has  been  removed,  or  pure 
milk  from  which  any  part  of  the  water  has  been  removed 
and  to  which  sugars  have  been  added.  The  term  "  adul- 
terated," when  used  in  this  section,  refers  to  condensed  milk 
in  which. the  amount  of  fat  is  less  than  twenty-five  per  cent. 
of  the  milk  solids  contained  therein,  or  to  which  any  foreign 
substance  whatever  has  been  added,  excepting  sugars,  as  in 
preserved  milks.     (Id.,  sec.  55.) 

§  56.  No  milk  shall  be  received,  held,  kept,  offered  for  sale 
or  delivered  in  The  City  of  New  York  without  a  permit  from 
the  Board  of  Health  and  subject  to  the  conditions  thereof. 
(Id.,  sec.  56.    Amend,  by  res.  passed  March  28,  1906,  infra.) 

Held  valid  in  People  ex  rel.  Lieberman  vs.  Vandecarr,  81  App. 
Div.  128.  Test  of  validity  of  the  ordinance  is  its  reasonableness, 
citing  cases.    Affd.  175  N.  Y.  440,  199  U.  S.  552. 

May  revoke  licenses.    Met.  Milk  and  Cream  Co.  vs.  Citv  of  N   Y 
98  N.  Y.  Supp.  894.  y  .      ., 

§  57.  No  cream  which  is  adulterated  shall  be  brought  into 
The  City  of  New  York  or  held,  kept,  sold  or  offered  for  sale 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  135 

in  said  city,  nor  shall  any  one  keep,  have,  sell  or  offer  for 
sale  in  said  city  any  such  cream.  The  term  "  cream  "  means 
the  fatty  portions  of  pure  milk  which  rise  to  the  surface 
when  the  milk  is  left  at  rest,  or  which  are  separated  by  other 
means.  The  term  *'  adulterated,"  when  used  in  this  section, 
refers  to  cream  to  which  any  foreign  substance  whatever 
has  been  added.     (Id.,  sec.  57.) 

§  58.  Upon  any  cattle,  milk,  meat,  birds,  fowl,  fish  or  veg- 
etables beng  found  by  any  inspector  or  other  oflBcer  of  this 
department  in  a  condition  which  renders  them,  in  his 
opinion,  unwholesome  and  unfit  for  use  as  human  food,  or 
in  a  condition  or  of  a  weight  or  quality  in  this  code  con- 
demned or  forbidden,  he  is  empowered,  authorized  and 
directed  to  immediately  condemn  the  same  and  cause  it  to  be 
removed  to  the  offal  or  garbage  dock  for  destruction,  and 
report  his  action  to  the  department  without  delay. 

And  the  owner  or  person  in  charge  thereof,  when  so 
directed  by  the  said  inspector  or  by  an  order  of  the  Sanitary 
Superintendent  or  an  Assistant  Sanitary  Superintendent, 
Bhall  remove,  or  cause  the  same  to  be  removed,  to  the  place 
designated  by  the  said  inspectors  or  the  order  of  said  Sani- 
tary Superintendent  or  Assistant  Sanitary  Superintendent, 
or  to  the  offal  dock,  and  shall  not  sell  or  offer  to  sell  or  dis- 
pose of  the  same  for  human  food.  And  when,  in  the  opinion 
of  the  Sanitary  Superintendent  or  an  Assistant  Sanitary 
Superintendent,  any  such  meat,  fish,  fruits  or  vegetables 
shall  be  unfit  for  human  food,  or  any  such  animal,  cattle, 
sheep,  swine  or  fowls,  by  reason  of  disease  or  exposure  to 
contagious  disease,  shall  be  unfit  for  human  food,  and 
improper  or  unfit  to  remain  near  other  animals,  or  to  be 
kept  alive,  the  Board  of  Health  may  direct  the  same  to  be 
destroyed,  as  dangerous  to  life  and  health,  and  may  order 
any  such  animals,  cattle,  sheep,  swine  or  fowls  to  be  removed 
by  any  inspector,  police  officer,  officer  or  agent  of  this 
department,  to  be  killed  and  taken  to  the  offal  dock.  (Id., 
sec.  58.) 

§  59.  It  shall  be  the  duty  of  every  manufacturer,  im- 
porter or  other  person  who  manufactures  or  imports,  in  The 
City  of  New  York,  any  artificial  or  natural  mineral,  spring 
or  other  water  for  drinking  purposes,  to  file,  under  oath, 
with  the  Department  of  Health,  the  name  of  such  water  and 
the  exact  location  from  which  it  is  obtained,  together  with 
the  chemical  and  bacteriological  analysis  thereof,  and,  when 
manufactured,  the  exact  formula  used  in  its  production, 
giving  qualitatively  and  quantitatively  each  and  every  item 
entering  into  its  composition.  No  person  shall  manufacture 
or  bottle  mineral,  carbonated  or  table  waters  in  The  City  of 
New  York  without  a  permit  from  the  Board  of  Health. 
(Id.,  sec.  59.) 

§  60.  Every  butcher  or  milk  dealer,  and  their  agents,  shall 
allow  the  parties  authorized  by  this  department  to  freely 
Sind  full^  inspect  tjie  c^ttle^  we^ts,  fish,  vegetables  a»4  milk 


136  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

held  or  kept  by  them,  or  intended  for  sale,  and  will  be 
expected  to  answer  all  reasonable  and  proper  questions 
asked  by  such  persons  relative  to  the  condition  thereof,  and 
of  the  places  where, such  articles  may  be.     (Id.,  sec.  60.) 

Water. 

§  61.  No  person  shall  throw  or  allow  to  run  or  pass  into 
any  public  reservoir,  water  pipe  or  aqueduct,  or  into  or 
upon  any  border  or  margin  thereof,  or  excavation  or  stream 
therewith  connected,  any  animal,  vegetable  or  mineral  sub- 
stance whatever;  nor  shall  any  person  (having  power  or 
right  to  prevent  the  same)  do  or  permit  any  act  or  thing 
that  will  impair  or  peril  the  purity  or  wholesomeness  of  any 
water  or  other  fluid  used  or  designed  as  a  drink,  in  any 
part  of  said  city;  nor  shall  any  person  bathe  nor  (except  in 
the  discharge  of  a  public  duty)  put  any  part  of  his  person 
into  such  water;  nor  shall  any  unauthorized  person  open 
any  erection  or  unscrew  any  hydrant  holding  such  water. 
(Id.,  sec.  61.) 

§  62.  It  shall  be  the  duty  of  every  person,  officer,  depart- 
ment and  board  having  any  authority  and  control  in  regard 
to  any  water  designed  for  human  consumption  (and  within 
the  proper  sphere  of  the  duty  of  each  thereof)  to  take  all 
usual  and  also  all  reasonable  measures  and  precautions  to 
secure  and  preserve  the  purity  and  wholesomeness  of  such 
water.     (Id.,  sec.  62.) 

i  63.  Water  from  wells  in  the  Borough  of  Manhattan 
shall  not  be  used  for  drink;  nor  shall  such  water  be  used  for 
any  purpose  in  any  tenement  or  lodging-house;  hotel,  manu- 
factory or  buildings  in  which  persons  are  living  or  employed, 
or  in  which  there  are  offices,  or  a  restaurant  or  saloon,  with- 
out a  permit  from  the  Board  of  Health.  Water  from  wells 
in  the  other  boroughs  of  said  city,  other  than  the  public 
water  supply,  shall  not  be  used  in  any  tenement  or  lodging- 
house,  hotel,  manufactory  or  buildings  in  which  persons  are 
living  or  employed,  or  in  which  there  are  offices  or  a  res- 
taurant or  saloon,  vsdthout  a  permit  from  the  Board  of 
Health.     (Id.,  sec.  63.) 

§  64.  No  person  shall  destroy  or  in  anywise  injure  or 
impair  any  drinking  hydrant,  or  part  thereof,  in  the  said 
city;  nor  shall  any  person  interfere  with  the  use  or  enjoy- 
ment of  the  water  therein,  or  therefrom,  or  interrupt  the 
flow  thereof,  nor  shall  any  person  put  any  dirty,  poisonous, 
medicinal  or  noxious  substance  into  or  near  said  w^ater  or 
hydrant,  whereby  such  water  is  made  or  may  be  regarded 
as  dangerous  or  unwholesome  as  a  drink.     (Id.,  sec.  64.) 

Drugs,  Medicines,  Adulterations  and  Poisons. 

§  65.  No  person  shall  make,  prepare,  put  up,  administer 
or  dispense  any  prescription,  decoction  or  medicine  under 
any  deceptive  or  fraudulent  name,  direction  or  pretense; 
jjor  shall  an^  ingredient  te  substituted  for  ^^ot^^er  ixx  an^ 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  137 

prescription;  nor  shall  any  false  or  deceptive  representation 
be  made  by  any  person  to  any  other,  as  to  the  kind,  quality, 
purpose  or  effect  of  any  such  drug",  medicine,  decoction, 
drink  or  other  article  offered  or  intended  to  be  taken  as  food 
or  medicine.     (Id.,  sec.  65.) 

§  66.  No  poison  shall  be  sold  at  retail  by  any  person  in 
The  City  of  New  York  without  having  affixed  to  the  bottle, 
box,  parcel  or  receptacle  containing  such  poison,  a  label 
bearing  the  word  "  Poison,"  distinctly  shown,  printed  or 
written  in  red  ink,  together  with  the  name  and  place  of 
business  of  the  seller  and  the  name  of  the  poison  printed  or 
written  upon  such  bottle,  box,  parcel  or  receptacle  in  plain 
legible  characters.     (Id.,  sec.  66.) 

§  67.  No  phenol,  commonly  known  as  carbolic  acid,  shall 
be  sold  at  retail  by  any  person  in  The  City  of  New  York, 
except  upon  the  prescription  of  a  physician,  when  in  a 
stronger  solution  than  five  per  cent.     (Id.,  sec.  67.) 

§  68.  No  person  shall  have,  sell  or  offer  for  sale  in  The 
City  of  New  York  any  food  which  is  adulterated.  The  term 
**  food,"  as  herein  used,  shall  include  every  article  of  food 
and  every  beverage  used  by  man,  and  all  confectionery. 
Food,  as  herein  defined,  shall  be  deemed  adulterated: 

(a)  If  any  substance  or  substances  has  or  have  been 
mixed  with  it  so  as  to  reduce  or  lower  or  injuriously  affect 
its  quality  or  strength. 

(b)  If  any  inferior  or  cheaper  substance  or  substances 
have  been  substituted  wholly  or  in  part  for  the  article. 

(c)  If  any  valuable  constituent  of  the  article  has  been 
wholly  or  in  part  abstracted. 

(d)  If  it  be  an  imitation  or  be  sold  under  the  name  of 
another  article. 

(e)  If  it  consists  wholly  or  in  part  of  diseased  or  decom- 
posed or  putrid  or  rotten  animal  or  vegetable  substance, 
whether  manufactured  or  not,  or,  in  the  case  of  milk,  if  it  is 
the  produce  of  a  diseased  animal. 

(f)  If  it  be  colored,  or  coated,  or  polished,  or  powdered, 
whereby  damage  is  concealed,  or  if  it  is  made  to  appear 
better  than  it  really  is  or  of  greater  value. 

(g)  If  it  contains  any  added  poisonous  ingredient,  or  any 
ingredient  which  may  render  such  article  injurious  to  the 
health  of  the  person  consuming  it;  or  if  it  contains  any  anti- 
septic or  preservative  not  evident  and  not  known  to  the 
purchaser  or  consumer. 

Any  article  of  food  which  does  not  contain  any  ingredient 
injurious  to  health  shall  not  be  deemed  adulterated,  in  the 
case  of  mixtures  or  compounds  which  may  be  now,  or  from 
time  to  time,  known  as  articles  of  food  under  their  own  dis- 
tinctive names,  or  which  shall  be  labeled  so  as  to  plainly 
indicate  that  they  are  mixtures,  combinations,  compounds 
or  blends. 

Spirituous,  fermented  and  malt  liquors  shall  be  deemed 
adulterated  if  they  contain  any  substance  or  ingredient  not 


138         CODE  OF  ORDINANCES  OF  THt:  CITY  OF  NEW  YORK. 

normal  or  healthful  to  exist  in  spirituous,  fermented  or 
malt  liquors,  or  which  may  be  deleterious  or  detrimental  to 
health  when  such  liquors  are  used  as  a  beverage. 

Confectionery  should  be  deemed  adulterated  if  it  contains 
terra  alba,  barytes,  talc  or  other  mineral  substance  or  poi- 
sonous colors  or  flavors,  other  ingredients  deleterious  or 
detrimental  to  health.  (Id.,  sec.  68.  Amend,  by  res.  passed 
Sept.   19,   1906,  infra.) 

§  69.  No  person  shall  manufacture,  produce,  compound, 
brew,  distill,  have,  sell  or  offer  for  sale  in  The  City  of  New 
York  any  drug  which  is  adulterated.  The  term  "  drug,"  as 
herein  used,  shall  Include  all  medicines  for  external  or 
internal  use,  or  both.  Drugs,  as  herein  defined,  shall  be 
deemed  adulterated: 

(a)  If,  when  sold  by  or  under  a  name  recognized  in  the 
United  States  Pharmacopoeia,  it  differs  from  the  standard 
of  strength,  quality  or  purity  laid  down  therein. 

(b)  If,  when  sold  by  or  under  a  name  not  recognized  in 
the  United  States  Pharmacopoeia,  but  which  is  found  in 
some  other  pharmacopoeia,  or  other  standard  work  on 
materia  medica,  it  differs  materially  from  the  standard  of 
strength,  quality  or  purity  laid  down  in  such  work. 

(c)  If  its  strength  or  purity  fall  below  the  professed 
standard  under  which  it  is  sold.  (Id.,  sec.  69.  Amend,  by 
res.  passed  Sept.  19,  1906,  infra.) 

Cattle,  Horses,  etc. 

§  70.  No  cattle,  sheep,  swine,  horse,  goat,  goose,  or  mule, 
or  any  dangerous  or  offensive  animal,  shall  be  allowed  by 
any  owner,  or  by  any  person  having  charge  of  the  same,  to 
go  at  large  in  any  street  or  public  place  in  The  City  of  New 
York. 

No  pigs,  swine  or  cattle  shall  be  unloaded  from  any  cars 
upon  any  street  or  public  place  in  The  City  of  New  York, 
except  pursuant  to  a  permit  from  the  Board  of  Health. 

No  cattle,  pigs,  swine  or  sheep  shall  be  driven  to  any 
slaughter-house  in  the  Borough  of  Brooklyn,  except  between 
the  hours  of  eight  of  the  evening  and  one  hour  after  sunrise 
of  the  next  morning;  nor  shall  more  than  twenty  cattle,  or 
more  than  100  pigs  or  swine,  or  more  than  150  sheep,  be 
driven  together;  and  they  shall  be  driven  in  streets  and 
avenues  (leading  toward  their  destination)  where  they  will 
least  endanger  the  lives  of  human  beings,  as  the  Department 
of  Health  may  designate,  provided,  that  when  the  landing  or 
transportation  of  cattle  shall  have  been  delayed  or  pre- 
vented by  ice,  fog  or  unavoidable  accident,  the  Board  of 
Health  may,  at  its  discretion,  give  a  permit  to  land  and  drive 
such  cattle  at  other  hours  than  those  designated  herein,  but 
in  no  case  shall  cattle  be  driven  past  any  school  or  church. 
(Id.,  sec.  70.    Amend,  by  res.  passed  April  25  and  June  13, 

1906,  infra,) 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  139 

§  71.  No  cattle  shall  be  kept  in  any  place  where  the  ven- 
tilation is  not  adequate  and  the  water  and  food  are  not  of 
such  quality  and  in  such  condition  as  to  preserve  their 
health,  safe  condition,  and  wholesomeness  for  food.  (Id., 
sec.  71.) 

§  72.  No  cows  shall  be  kept  in  The  City  of  New  York  with- 
out a  permit  from  the  Board  of  Health.  Every  stable  and 
place  where  any  cows,  horses,  or  other  animals  may  be,  shall 
be  kept  at  all  times  in  a  cleanly  and  wholesome  condition, 
and  properly  ventilated,  and  no  person  shall  allow  any 
animal  to  be  therein,  which  is  infected  with  any  contagious 
or  pestilential  disease.     (Id.,  sec.  72.) 

§  73.  No  horses  shall  be  yarded  and  no  cattle,  swine,  or 
sheep,  geese  or  goats,  sha;ll  be  kept  or  yarded  within  or 
adjacent  to  the  built-up  portion  of  The  City  of  New  York, 
without  a  permit  from  the  Board  of  Health.     (Id.,  sec.  73.) 

§  74.  No  cattle,  with  or  without  their  young  calves,  shall 
be  led  through  or  along  any  of  the  streets  of  The  City  of 
New  York  without  a  permit  from  the  Board  of  Health,  and 
in  strict  accordance  with  the  routes,  hours,  and  conditions 
prescribed  thereby;  and  no  person  shall  lead,  attempt  to 
lead,  or  cause  to  be  led,  any  cattle  otherwise  than  sing'ly, 
one  person  with  each,  nor  upon  any  sidewalks;  provided, 
however,  that  sheep  may  be  driven  on  routes  prescribed  for 
them,  pursuant  to  the  terms  and  conditions  of  the  permits 
issued  by  the  Board  of  Health.     (Id.,  sec.  74.) 

§  75.  No  cattle,  sheep,  swine  or  calves  shall  be  driven  in 
the  streets  or  avenues  of  the  Borough  of  Manhattan  without 
a  permit  from  the  Department  of  Health,  except  in  those 
cas£s  where  the  said  cattle,  sheep,  swine  or  calves  shall  be 
landed  at  the  foot  of  the  street  leading  to  the  slaughter- 
house to  which  they  shall  be  destined,  and  where  the  streets 
shall  be  effectively  barred  or  closed,  so  as  to  prevent  the 
escape  of  such  cattle,  etc.,  during  the  transfer  from  the  dock 
to  the  slaughter-house.  No  cattle,  sheep,  swine  or  calves 
shall  be  landed  in  the  Borough  of  Manhattan  except  in 
accordance  with  the  provisions  and  restrictions  of  this 
ordinance. 

No  cattle,  sheep,  swine  or  calves  shall  be  driven  in  the 
Boroughs  of  Brooklyn,  The  Bronx,  Queens  and  Richmond 
except  in  such  streets  or  avenues  as  shall  be  set  apart  and 
designated  by  the  Board  of  Health.  (Id.,  sec.  75.  Amend,  by 
res.  passed  April  25,  1906,  infra.) 

§  76.  No  cellar  in  The  City  of  New  York  shall  be  occupied 
as  a  stable  for  horses,  cattle  or  other  animals,  without  a 
permit  from  the  Board  of  Health.     (Id.,  sec.  76.) 

§  77.  No  cattle  shall  be  placed  or  carried,  while  bound 
or  tied  by  their  legs,  or  bound  down  by  their  necks,  in  any 
vehicle  in  said  city,  but  shall  be  allowed  freely  to  stand  in 
such  vehicle  when  transported,  and  while  being  therein. 
(Id.,  sec.  77.) 


140  CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

§  78.  No  person  shall  take  or  drive  or  allow  to  go  or  be 
taken  (having-  the  right  and  ability  to  prevent  the  same), 
any  horse  or  other  animal,  or  any  vehicle,  upon  any  sidew^alk 
or  footpath  in  front  of  any  building,  to  the  peril  of  any 
person;  nor  shall  any  person  block  up  or  obstruct  any  street 
or  place,  or  contribute  thereto.     (Id.,  sec.  78.) 

Fowls  and  Small  Animals. 

§  79.  No  live  chickens,  geese,  ducks,  or  other  fowls  shall 
be  brought  into,  or  kept,  or  held,  or  offered  for  sale,  or 
killed,  in  any  yard,  area,  cellar,  coop,  building,  premises,  or 
part  thereof,  or  in  any  public  market,  or  on  any  sidewalk, 
street,  or  other  place  within  the  built-up  portions  of  The 
City  of  New  York  without  a  permit  from  the  Board  of 
Heath  and  subject  to  the  conditions  thiereof.     (Id.,  sec.  79.) 

Held  valid  in  People  vs.  Davis,  78  App.  Div.  570.  Sanitary  Code 
mere  body  of  local  ordinances  authorized  or  ratified  by  the 
Legislature. 

§  80.  No  person  shall  sell  or  keep  for  sale  at  any  place  in 
The  City  of  New  York  any  dogs,  cats,  birds  or  other  small 
animals,  without  a  permit  from  the  Board  of  Health.  (Id., 
sec.  80.) 

§  81.  No  live  pigeons  shall  be  kept  within  the  built-up 
portion  of  The  City  of  New  York  wdthout  a  permit  from  the 
Board  of  Health  and  subject  to  the  conditions  thereof. 
(Id.,  sec.  81.) 

Slaughtering  and  Slaughter-Bouses. 

§  82.  No  person  shall  kill  or  dress  any  animal  or  meat  in 
any  market,  and  the  keeping  and  slaughtering  of  all  cattle, 
and  the  preparation  and  keeping  of  all  meat  and  fish,  birds 
and  fowl,  shall  be  in  that  manner  which  is,  or  is  generally 
reputed  or  known  to  be,  best  adapted  to  secure  and  continue 
their  safety  and  wholesomeness  as  food.     (Id.,  sec.  82.) 

§  83.  The  business  of  slaughtering  cattle,  sheep,  svsdne, 
pigs  or  calves  shall  not  be  conducted  in  The  City  of  New 
York  without  a  permit  from  the  Board  of  Health.  Nor 
shall  such  business  be  conducted  unless  the  same  shall  be 
in  buildings  located  on  or  near  the  water  front,  and  all 
buildings  shall  be  constructed  so  as  to  receive  all  stock 
deliverable  thereat  from  boats,  cars,  or  transports,  and  to 
secure  the  proper  care  and  disposition  of  all  parts  of  the 
slaughtered  animals  upon  the  premises,  or  the  immediate 
removal  thereof  by  means  of  boats.  It  shall  not  be  unlaw- 
ful, however,  to  slaughter  cattle,  sheep,  svdne,  pigs  or  calves 
in  the  Borough  of  Brooklyn,  at  such  places  where  such 
business  was  established  and  carried  on  on  January  3,  1898. 
(Id.,  sec.  83.) 

See  Bird  vs.  Grout,  106  App.  Div.  159. 

§  84.  The  business  of  slaughtering  cattle,  sheep,  swine, 
pigs  or  calves  in  the  Borough  of  Manhattan  shall  be  con- 
ducted on  the  west  side  of  the  borough  between  the  north 
of  the  middle  line  of  the  block  between  West  Thirty-eighth 


CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  141 

and  West  Thirty-ninth  streets  and  the  south  side  of  West 
Forty-first  street,  Eleventh  avenue  and  North  river,  inclus- 
ive; and  the  slaughtering  of  cattle,  sheep  or  calves  on  the 
east  side  of  the  borough  shall  be  between  the  north  of  the 
middle  line  of  the  block  between  East  Forty-second  and 
East  Forty-third  streets  and  the  south  side  of  East  Forty- 
seventh  street.  First  avenue  and  East  river,  inclusive.  (Id., 
sec.  84.) 

§  85.  No  building  shall  be  erected  or  converted  into,  or 
used  as  a  slaughter-house  in  The  City  of  New  York  until 
the  plans  thereof  have  been  duly  submitted  to  the  Board  of 
Health  and  approved  in  writing  by  said  Board;  and  no  build- 
ing occupied  as  a  slaughter-house  or  any  part  thereof,  or 
any  building  on  the  same  lot,  shall  be  occupied  at  any  time 
as  a  dwelling  or  lodging  place;  and  every  such  building  shall 
at  all  times  be  kept  adequately  and  thoroughly  ventilated. 

All  floors  where  any  meat,  refuse,  offal,  fertilizer  or  any 
other  materials,  derived  directly  or  indirectly  from  slaugh- 
tering of  animals,  are  treated  or  handled  must  be  made 
water  tight,  properly  drained  and  sewer-connected,  and  the 
walls  of  the  killing,  meat  dressing  and  cooling  rooms  must 
be  covered  to  the  height  of  six  feet  above  the  floor  with 
some  non-«bsorbent  material. 

The  yards,  other  than  where  cattle  are  kept,  must  be 
cemented  or  paved  so  as  not  to  absorb  liquid  filth,  and  be  so 
graded  as  to  permit  the  same  to  flow  into  the  sewer  opening. 

All  woodwork,  except  floors  knd  counters,  must  be  painted 
or  whitewashed. 

Blood  from  slaughtered  animals  must  not  be  allowed  to 
flow  into  the  sewer  or  river,  but  while  still  fresh  must  be 
treated  so  as  not  to  become  offensive.  All  offensive  odors 
arising  from  the  handling  of  meat  and  treating  of  and 
caring  for  offal,  blood  or  any  other  material  stored  or  manu- 
factured, must  be  cared  for  by  destruction  or  condensation, 
and  not  allowed  to  escape  into  the  outside  air.     (Id.,  sec.  85.) 

§  86.  No  horses  shall  be  slaughtered  in  The  City  of  New 
York  without  a  permit  from  the  Board  of  Health. 

The  bringing  into  The  City  of  New  York  and  the  keeping 
or  selling  of  horse  flesh  for  food,  and  the  slaughtering  of 
horses  for  food  in  said  city  are  prohibited.     (Id.,  sec.  86.) 

§  87.  No  offal  or  butcher's  refuse  shall  be  conveyed 
through  any  street  or  avenue  or  over  any  ferry  in  The  City 
of  New  York  without  a  permit  from  the  Board  of  Health 
and  when  so  conveyed  must  be  in  tight  boxes,  barrels  or 
receptacles,  and  tightly  covered  so  that  no  odor  shall  escape 
therefrom* 

No  offal  or  butcher's  refuse  shall  be  brought  into  The 
City  of  New  York.     (Id.,  sec.  87.) 

Offensive  Trades. 

§  88.  No  person  shall  permit  or  have  any  offensive  water 
or   other  liquid   or   substance   on  his  premises   or  grounds. 


142  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

to  the  prejudice  of  life  or  health,  whether  for  use  in  any 
trade  or  otherwise;  and  no  establishment  or  place  of  busi- 
ness for  tanning,  skinning,  or  scouring,  or  for  dressing  hides 
or  leather,  or  for  carrying  on  any  offensive  or  noisome  trade 
or  business,  shall  hereafter  be  opened,  started,  established 
or  maintained  in  The  City  of  New  York,  without  a  permit 
from  the  Board  of  Health.  And  every  such  establishment 
now  existing  shall  be  kept  cleanly  and  wholesome,  and  be 
so  conducted  in  every  particular  as  not  to  be  offensive,  or 
prejudicial  to  life  or  health.     (Id.,  sec.  88.) 

§  89.  No  person  or  corporation  being  a  manufacturer  of 
gas,  or  engaged  about  the  manufacture  thereof,  shall  throw 
or  deposit  or  allow  to  run,  or  shall  permit  to  be  thrown  or 
deposited  in  any  public  waters,  river  or  stream,  or  in  any 
sewer  therewith  connected,  or  in  any  street,  or  public  place, 
any  gas,  tar  or  any  refuse  matter  of  or  from  any  gashouse 
works,  manufactory,  mains  or  service  pipes;  or  permit  the 
escape  of  any  offensive  odors  from  their  works,  mains  or 
pipes;  nor  shall  any  such  person  or  corporation  permit  to 
escape  from  any  of  their  works,  mains  or  pipes  any  gas 
dangerous  or  prejudicial  to  life  or  health,  or  manufacture 
illuminating  gas  of  such  ingredients  and  quality  that  in  the 
process  of  burning  it  any  substance  which  may  escape 
therefrom  shall  be  dangerous  or  prejudicial  to  life  or  health; 
or  fail  to  use  the  most  approved  or  all  reasonable  means 
for  preventing  the  escape  of  odors. 

No  buildings  shall  be  erected  or  converted  into  or  used  as 
a  place  for  the  manufacture  of  illuminating  gas,  until  the 
plans  of  such  buildings  and  the  location  thereof  have  been 
duly  approved  in  writing  by  the  Board  of  Health.  (Id., 
sec.  89.) 

§  90.  It  shall  not  be  lawful  for  any  person  or  persons, 
incorporated  or  unincorporated,  to  carry  on,  establish, 
prosecute  or  continue,  within  the  Borough  of  Manhattan, 
the  occupation  or  trade  or  business  of  bone  boiling,  bone 
burning,  bone  grinding,  horse  skinning,  cow  skinning  or 
skinning  of  dead  animals,  or  the  boiling  of  offal;  and  any 
such  establishment  or  establishments,  or  place  of  such  busi- 
ness existing  vvdthjn  said  borough,  shall  be  forthwith  re- 
moved out  of  said  borough  and  such  trade,  occupation  or 
business  shall  be  forthwith  abated  and  discontinued,  pro- 
viding that  nothing  in  this  section  contained  shall  apply  to 
the  slaughtering  or  dressing  of  animals  for  sale  in  said  city. 
(Id.,  sec.  90.) 

§  91.  The  business  of  bone  crushing,  bone  boiling,  bone 
grinding,  bone  or  shell  burning,  lime  making,  horse  skin- 
ning, cow  skinning,  glue  making  from  any  part  of  dead  ani- 
mals, gut  cleaning,  hide  curing,  fat  rendering,  boiling  of  fish, 
sv^ll  or  offal,  heating,  drying,  storing  of  blood,  scrap,  fat, 
grease  or  offensive  animal  or  vegetable  matter,  or  manufac- 
turing materials  for  manure  or  fertilizer,  shall  not  be  carried 
on   or    continued   within   the    Boroughs    of    Brooklyn,    The 


CODE  OF  ORDINANCES  OF  THE  CiTY  OF  NEW  YORlt.  143 

Bronx, '  Queens  or  Richniond  without  a  perniit  from  the 
Board  of  Health. 

Nor  shall  any  buildings  be  erected  or  converted  or  used 
for  the  carrying  on  of  any  business  above  mentioned  until 
the  plans  thereof  have  been  duly  submitted  to  the  Board  of 
Health  and  approved  in  writing  by  said  board.     (Id.,  sec.  91.) 

§  92.  No  occupation  or  business  that  is  dangerous  or  det- 
rimental to  life  or  health  shall  be  established  or  carried  on 
in  The  City  of  New  York.     (Id.,  sec.  92.) 

§  93.  All  persons  engaged  in  the  business  of  boiling  or 
rendering  fat,  lard  or  animal  matter  shall  cause  the  scrap 
or  residuum  to  be  dried  or  otherwise  prepared  so  as  to 
effectually  deprive  such  material  of  all  offensive  odors,  amd 
to  preserve  the  same  entirely  inoffensive,  immediately  after 
the  removal  thereof  from  the  receptacles  in  which  the  ren- 
dering process  may  be  conducted.     (Id.,  sec.  93.) 

§  94.  No  person  shall  hereafter  erect  or  establish  in  said 
city  any  manufactory  or  place  of  business  for  boiling  any 
varnish  or  oil,  or  for  the  distilling  of  any  ardent  or  alcoholic 
spirits,  or  for  making  any  lampblack,  turpentine  or  tar,  or 
for  the  treating  and  refining  of  ores,  metals  or  alloys  of 
metals,  with  acids  or  heat,  or  for  conducting  any  other 
business  that  will  or  does  generate  any  offensive  or  deleteri- 
ous gas,  vapor  deposit  or  exhalation  vnthout  a  permit  from 
the  Board  of  Health.     (Id.,  sec.  94.) 

§  95.  No  fat,  tallow  or  lard  shall  be  melted  or  rendered, 
except  when  fresh  from  the  slaughtered  animal,  and  taken 
directly  from  the  places  of  slaughter  in  The  City  of  New 
York,  and  in  a  condition  free  from  sourness  and  taint  and 
all  other  causes  of  offense  at  the  time  of  rendering,  and  all 
melting  and  rendering  must  be  in  steam-tight  vessels,  and 
the  gases  and  odors  therefrom  must  be  destroyed  by  com- 
bustion or  other  means  equally  effective,  and  according  to 
the  best  and  most  improved  means  and  processes;  and 
everything  preceding,  following  and  in  connection  with  such 
melting  and  rendering,  and  the  premises  where  the  same 
shall  be  conducted,  must  be  free  from  all  offensive  odor, 
and  other  cause  of  detriment  to  the  public  health.  No  fat, 
lard  or  tallow  shall  be  brought  into  The  City  of  New  York 
to  be  rendered  or  melted,  and  none  shall  be  rendered  or 
melted  that  has  come  from  any  place  outside  of  said  city. 
(Id.,  sec.  95.) 

§  96.  TTie  owners,  lessees,  tenants,  occupants  and  man- 
agers of  every  building,  vessel  or  place  in  or  upon  which  a 
locomotive  or  stationary  engine,  furnace  or  boilers  are 
used,  shall  cause  all  ashes,  cinders,  rubbish,  dirt  and  refuse 
to  be  removed  to  some  proper  place,  so  that  the  same  shall 
not  accumulate;  nor  shall  any  person  cause,  suffer  or  allow 
smoke,  cinders,  dust,  gas,  steam  or  offensive  or  noisome 
odors  to  escape  or  be  discharged  from  any  such  building, 
vessel  or  place  to  the  detriment  or  annoyance  of  any  person 


144         CODE  01*  0IID1NA1«CJES  OF  THE  CITY  OE  NEW  YORK. 

or  persons  not  being  therein  or  thereupon  eng-aged.     (Id., 
sec.  96.    Amend,  by  res.  passed  March  14,  1906,  infra.) 

See  People  vs.  Horton,  41  Misc.  Rep.  309,  and  cases  collected  in 
39  Lawyer's  Rep.  Ann.  551.  Also  Dept.  of  Health  vs.  Ebling  Brew- 
ing Co.,  78  N.  Y.  Supp.  11;  Dept.  of  Health  vs.  Ebling  Brewing  Co., 
38  Misc.  Rep.  537. 

§  97.  Every  owner,  lessee,  tenant  and  occupant  of  any 
stall,  stable  or  apartment  in  the  built-up  portions  of  The 
City  of  New  York,  in  which  any  horse,  cattle  or  other  animal 
shall  be  kept,  or  of  any  place  in  which  manure,  stable 
refuse  or  any  liquid  discharge  of  such  animals  shall  collect 
or  accumulate  shall  cause  such  manure,  stable  refuse  or 
liquid  to  be  promptly  and  properly  removed  therefrom,  and 
shall  at  all  times  keep  or  cause  to  be  kept  such  stalls,  stables 
or  apartments,  and  the  drains,  yards  and  appurtenances 
thereof,  in  a  clean  and  sanitary  condition,  so  that  no  offen- 
sive odors  shall  be  allowed  to  escape  therefrom.  Every 
such  stable,  and  the  yards  and  appurtenances  thereof,  shall 
be  connected  with  the  sewer  in  the  street  in  front  thereof. 
It  shall  be  the  duty  of  every  such  owner,  lessee,  tenant  or 
occupant  to  cause  all  manure  and  stable  refuse  to  be 
removed  daily  from  such  stable  or  stable  premises,  unless 
the  same  are  pressed  in  bales,  barrels  or  boxes,  as  herein- 
after provided.  It  shall  not  be  lawful  to  remove  manure 
and  stable  refuse  in  carta  or  wagons,  or  to  cart  the  same 
within  the  city  without  a  permit  from  the  Board  of  Health, 
and  such  carts  and  wagons  shall  be  of  a  construction 
approved  by  said  board,  and  every  such  cart  or  wagon  must 
have  a  permit  from  the  board,  and  be  used  in  accordance 
■with  the  terms  of  such  permit  and  not  otherwise.  Manure 
carts  and  wagons  shall  be  loaded  within  the  stable  prem- 
ises and  not  upon  the  street  or  sidewalk,  and  the  manure 
and  stable  refuse  shall  be  removed  from  such  premises  in  a 
manner  not  in  any  way  offensive  or  so  as  to  cause  any 
nuisance.  All  manure  and  stable  refuse  when  transported 
through  the  streets  must  be  covered  and  secured  so  that  no 
part  of  the  same  will  fall  upon  the  street,  and  so  as  to 
prevent  the  escape  of  offensive  odors,  and  the  same  shall  not 
be  unloaded  or  deposited  within  the  city  limits,  except  upon 
the  conditions  of  a  permit  from  the  Board  of  Health,  and 
at  such  docks  and  places  as  shall  be  approved  by  the  board, 
and  to  which  a  permit  in  writing  for  such  use  shall  have 
previously  been  granted  by  said  board.  No  manure  or  stable 
refuse  shall  be  thrown  upon  or  allowed  to  fall  or  remain 
upon  any  street  or  sidewalk  or  upon  any  ground  near  any- 
stable.  No  manure  vault  shall  be  built  or  used  on  any 
premises  within  the  built-up  portions  of  The  City  of  New 
York. 

Every  owner,  lessee,  tenant  and  occupant  of  any  stall, 
stable  or  apartment,  in  the  built-up  portions  of  The  City  of 
New  York,  in  which  any  horse,  cattle  or  other  animals  shall 
be  kept,  and  from  which  the  manure  and  stable  refuse  are 


CODE  OF  ORDINANCES  Or  THE  CITY  OF  NEW  YORK.  145 

not  removed  daily  as  hereinbefore  provided,  shall  cause  the 
same  to  be  pressed  in  bales,  barrels  or  boxes,  at  least  once 
in  each  day,  and  so  pressed  as  to  reduce  the  same  to  not 
more  than  one-third  of  the  original  bulk.  Manure  and  stable 
refuse  pressed  in  bales,  barrels  or  boxes,  shall  be  removed 
to  such  docks  or  places  as  shall  be  approved  by  the  Board  of 
Health,  and  to  which  a  permit  for  such  use  shall  have  pre- 
viously been  granted  by  said  board,  and  such  bales,  barrels 
and  boxes  shall  not  be  opened  until  delivered  at  such  docks 
or  places.     (Id.,  sec.  97.) 

Offensive  Materials. 

§  98.  No  person  shall  fill  in  any  land  under  or  above  water 
within  the  linuts  of  The  City  of  New  York,  or  any  of  the 
islands  situated  within  such  limits,  with  garbage,  dead  ani- 
mals, decaying  matter  or  any  offensive  and  unwholesome 
material,  or  with  dirt,  ashes  or  other  refuse,  when  mixed 
with  such  garbage,  dead  animals  or  portions  thereof,  decay- 
ing matter  or  offensive  and  unwholesome  material. 

No  street  sweepings  shall  be  deposited  or  used  to  fill  up 
or  raise  the  surface  or  level  of  any  lot,  grounds,  dock,  wharf 
or  pier  in  or  adjacent  to  the  built-up  portions  of  The  City  of 
New  York  without  a  permit  from  the  Board  of  Health. 
(Id.,  sec.  98.) 

§  99.  No  ground  or  material  filled  with  offensive  matter 
or  substance,  or  that  will  emit  or  allow  to  arise  through  or 
from  the  samie,  any  offensive  smell  or  deleterious  exhala- 
tion, shall  (adjacent  to  or  within  the  built-up  portion  of 
said  city)  be  opened  or  turned  up  or  the  surface  thereof 
removed,  between  the  first  day  of  May  and  the  first  day  of 
October  of  any  year,  except  according  to  a  permit  first 
obtained  therefor  from  the  Board  of  Health.     (Id.,  sec.  99.) 

§  100.  No  part  of  the  contents  of  or  substances  from  any 
sink,  privy  or  cesspool,  nor  any  manure,  or  other  offensive 
substance,  shall  be  by  any  person  deposited  or  allowed  to 
run  or  drop  into  or  remain  in  any  street  or  public  place; 
nor  shall  the  same  be  thrown  or  allowed  to  fall  or  run  into 
any  river  or  other  body  of  water,  save  through  the  proper 
underground  sewers.     (Id.,  sec.  100.) 

§  101.  No  person  shall  gather,  collect,  accumulate,  store, 
expose,  carry  or  transport  in  any  manner  through  the 
streets  and  public  places  of  this  city,  or  in  or  to  any  cellar 
or  house  in  said  city,  any  bones,  refuse  or  offensive  material 
without  a  permit  from  the  Board  of  Health.     (Id.,  sec.  101.) 

§  102.  No  swill,  brine,  urine  of  animals  or  other  offensive 
animal  matter,  nor  any  stinking,  noxious  liquid  or  other 
filthy  matter  of  any  kind,  shall  by  any  person  be  allowed 
to  run  or  fall  into  or  upon  any  street  or  public  place,  or  be 
taken  or  put  therein.     (Id.,  sec.  102.) 

§  103.  No  blood,  butcher's  offal  or  garbage,  nor  any  dead 
animals,  nor  any  putrid  or  stinking  animal  or  vegetable 
matter  shall  be  thrown  by  any  person  or  allowed  to  go  into 

10  __ 

^        OF  TH£      ^' 


146  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

any  street,  place,  sewer  or  receiving  basin,  or  into  any  river 
or  standing-  or  running  v^^ater  or  excavation  or  into  any 
ground  or  premises  in  the  built-up  portions  of  the  city. 
(Id.,  sec.  103.) 

§  104.  No  person  shall  draw  ofE,  or  allow  to  run  off  into 
any  ground,  street  or  place  of  said  city,  the  contents  (or  any 
part  thereof)  of  any  vault,  privy,  cistern,  cesspool  or  sink; 
nor  shall  any  owner,  tenant  or  occupant  of  any  building  to 
which  any  vault,  sink,  privy  or  cesspool  shall  appertain,  or 
be  attached,  permit  the  contents  or  any  part  thereof,  to 
flow  therefrom,  or  to  rise  within  two  feet  of  any  part  of  the 
top,  or  permit  said  contents  to  become  offensive;  nor  shall 
any  vault,  privy,  cistern,  cesspool  or  sink  be  filled  or  covered 
with  dirt  until  it  has  been  emptied  of  its  filthy  contents. 
(Id.,  sec.  104.) 

§  105.  No  person  shall  throw  into  or  deposit  in  any  vault, 
sink,  privy  or  cesspool  any  offal,  ashes,  meat,  fish,  garbage 
or  other  substance  except  that  of  which  any  such  place  is 
the  appropriate  receptacle.     (Id.,  sec.  105.) 

§  106.  Every  tub  or  other  receptacle  in  any  sink  or  privy 
(or  placed,  or  allowed  to  stand  therein  by  any  owner,  tenant 
or  occupant  of  any  building  or  premises),  and  used  to  con- 
tain any  liquid  or  partially  liquid  substance,  shall  be  suf- 
ficiently strong,  perfectly  tight,  and  adequately  provided 
with  a  strong  cover  and  with  hoops  and  handles;  shall  not 
be  allowed  to  be  filled  to  within  four  inches  of  any  part  of 
the  top,  and  shall  not  be  allowed  (or  its  contents)  to  be 
offensive.  And  the  provisions  of  this  Code  relative  to  empty- 
ing cesspools,  and  to  throwing  any  substance  therein,  shall 
apply  to  said  tubs  and  receptacles  as  if  here  repeated  and 
applied  thereto. 

And  no  person  shall  throw,  drop  or  allow  to  fall  into  the 
North  or  East  river,  or  into  any  street  or  place,  any  sub- 
stance being,  or  having  been,  part  of  the  contents  of  any 
such  vault,  cesspool,  privy,  sink,  tub  or  receptacle  or  any 
offal.     (Id.,  sec.  106.) 

§  107.  Neither  the  contents  of  any  such  tub,  or  of  any 
receptacle,  cesspool,  privy,  vault,  sink,  water-closet  or  cis- 
tern, nor  anything  in  any  room,  excavation,  vat,  building, 
premises  or  place  shall  be  allowed  to  become  a  nuisance,  or 
offensive,  so  as  to  be  dangerous  or  prejudicial  to  life  or 
health.     (Id.,  sec.  107.) 

§  108.  It  shall  be  the  duty  of  every  owner,  tenant,  lessee, 
occupant  or  person  in  charge  of  any  and  every  building,  or 
place  of  business  in  the  generally  built-up  portions  of  The 
City  of  New  York,  forthwith  to  provide  or  cause  to  be  pro- 
vided, and  at  all  times  thereafter  to  keep  and  cause  to  be 
kept  and  provided,  within  such  building  or  place  of  business, 
and  for  the  exclusive  use  of  such  building  or  place  of  busi- 
ness, separate  receptacles  for  receiving  and  holding,  without 
leakage,  all  the  ashes,  garbage  and  liquid  substances  that 
may  accumulate  during  thirty-six  hours,  from  said  building 


CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  147 

or  place  of  business,  or  the  portion  thereof  of  which  such 
person  may  be  the  owner,  tenant,  lessee,  occupant  or  in 
charge,  and  every  such  receptacle  designed  and  used  to  hold 
ashes  shall  be  made  of  or  lined  with  some  suitable  metal. 

And  it  shall  be  the  duty  of  every  owner,  lessee  or  agent  of 
any  such  building  or  place  of  business  to  cause  to  be  sep- 
arated and  put  into  their  respective  receptacles  all  such 
materials  and  substances  and  such  receptacles  shall  not  be 
filled  to  within  four  inches  of  the  top  thereof. 

And  such  receptacles,  as  w^ell  as  any  light  refuse  or  rub- 
bish to  be  removed,  shall  be  kept  within  the  premises  until 
the  proper  time  for  removal,  and  shall  then  be  placed  in  the 
area,  or  within  the  stoop  line  only,  and  shall  there  remain 
until  such  materials  or  substances  are  removed  by  the 
Department  of  Street  Cleaning,  but  in  no  case  shall  such 
receptacles  be  placed  where  they  shall  be  or  become  a 
nuisance. 

All  light  refuse  or  rubbish  likely  to  be  scattered  or  blown 
about,  shall,  before  being  placed  outside  of  any  building  or 
premises  for  removal,  be  properly  bundled,  packed  or  other- 
wise secured.     (Id.,  sec.  108.) 

§  109.  No  person,  not  for  that  purpose  authorized,  shall 
interfere  with  the  receptacles  for  ashes,  garbage  or  liquid 
substances,  as  provided  in  accordance  with  section  108  of 
the  Sanitary  Code,  or  with  the  contents  thereof;  nor  shall 
any  person  in  any  way  handle  or  disturb  such  contents. 
(Id.,  sec.  109.) 

§  110.  All  occupants  so  preferring  may  deliver  their  ashes, 
garbage  and  rubbish  directly  to  the  proper  carts,  to  be  taken 
away  at  any  hour  of  the  day  when  said  carts  may  be 
present;  and  said  carts  may  take  such  articles  from  recep- 
tacles delivered  at  any  such  hour;  provided  that  such  garb- 
age or  rubbish  be  not  highly  filthy  or  offensive;  and  in  the 
latter  case  the  same  shall  not  be  so  delivered  or  received 
during  the  period  from  seven  o'clock  A.  M.  of  any  day  till 
ten  o'clock  of  the  evening  of  the  same  day.     (Id.,  sec.  110.) 

§  111.  No  pile  or  deposit  of  manure,  offal,  dirt  or  garbage, 
or  any  accumulation  of  any  offensive  or  nauseous  substance, 
shall  be  made  within  the  built-up  portions  of  The  City  of 
New  York,  or  upon  the  piers,  docks  or  bulkheads  adjacent 
thereto,  or  upon  any  vessel  or  scow  lying  at  such  pier,  wharf 
or  bulkhead;  nor  shall  such  deposit  or  accumulations  be 
made  anywhere  in  this  city  within  300  feet  of  any  church  or 
place  of  worship,  or  inhabited  dwelling  without  a  permit 
from  the  Board  of  Health;  and  no  person  shall  contribute 
to  the  making  of  any  such  accumulations;  nor  shall  cars  or 
floats  loaded  with  or  having  in  or  upon  them  any  such  sub- 
stance or  substances  be  allowed  to  remain  or  stand  on  or 
along  any  railroad,  street  or  highway  within  300  feet  of  any 
inhabited  dwelling,  nor  elsewhere  in  said  city  without  a 
permit  from  the  Board  of  Health;  and  no  manure,  garbage 
or  other  material  that  is  liable  to  emit  an  offensive  exhala- 


148  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

tion  shall,  in  or  adjacent  to  the  built-up  portions  of  The 
City  of  New  York,  be  turned  or  stirred,  except  about  its 
removal,  in  such  a  way  as  to  increase  such  exhalations  by 
reason  thereof,  nor  shall  any  straw,  hay  or  other  substance 
which  has  been  used  as  bedding  for  animals  be  placed  or 
dried  upon  any  street  or  sidewalk,  or  roof  of  any  building; 
nor  shall  any  straw,  hay  or  other  substance,  or  the  con- 
tents of  any  mattress  or  bed,  be  deposited  or  burnt  without 
a  permit  from  the  Board  of  Health.     (Id.,  sec.  111.) 

§  112.  Every  proprietor,  lessee,  tenant  and  occupant  of 
any  oyster  house,  oyster  saloon  or  other  premises  where 
any  oysters,  clams,  lobsters  or  shell  or  other  fish  are  con- 
sumed, used  or  sold,  or  where  any  of  the  refuse  matter, 
offal  or  shells  thereof  accumulate,  shall  daily  cause  all  such 
shells,  offal  and  refuse  matter  to  be  removed  therefrom  to 
some  proper  place,  and  shall  keep  his  house,  saloon  and 
premises  at  all  times  free  from  any  offensive  smells  or 
accumulations.     (Id.,  sec.  112.) 

§  113.  No  person  shall  obstruct,  delay  or  interfere  with 
the  proper  and  free  use,  for  the  purposes  for  which  they 
may  be  and  should  be  set  apart  and  devoted,  of  any  dock, 
pier  or  bulkhead  set  apart  for  the  use  of  any  contractor  or 
person  engaged  in  removing  any  offal,  garbage,  rubbish,  dirt, 
dead  animal,  night  soil  or  other  like  substances,  or  with  the 
proper  performance  of  such  contracts.     (Id.,  sec.  113.) 

§  114.  It  shall  be  the  duty  of  every  person  (his  agents 
and  employees)  who  has  contracted  or  undertaken  to  remove 
any  diseased  or  dead  animal,  offal,  rubbish,  garbage,  dirt, 
street  sweepings,  night  soil  or  other  filthy,  offensive,  or 
noxious  substance,  or  is  engaged  about  any  such  removal,  or 
in  loading  or  unloading  any  such  substance,  to  do  the  same 
with  dispatch,  and  in  every  particular  in  a  manner  as  cleanly 
and  little  offensive  and  with  as  little  danger  and  prejudice 
to  life  and  health  as  possible,  and  no  matter  or  material 
shall  lie  piled  up,  or  partially  raked  together,  in  any  street 
or  place,  before  the  removal  thereof,  more  than  a  reasonable 
time,  nor  for  more  than  four  hours  in  the  dayiime,  under 
any  circumstances.     (Id.,  sec.  114.) 

§  115.  No  ship,  boat  or  other  vessel  shall  be  taken  or 
allowed  by  any  person  to  come  into  or  lay  to,  or  at,  or  within 
any  dock,  pier,  bulkhead  or  slip,  or  be  placed  therein  for  the 
purpose  of  the  shipment  or  removal  of  any  offal,  garbage, 
rubbish,  blood  or  offensive  animal  or  vegetable  matter,  dirt 
or  dead  animals,  or  for  the  use  of  any  contractor  for  the 
removal  of  any  of  the  foregoing  substances,  without  a  per- 
mit from  the  Board  of  Health.     (Id.,  sec.  115.) 

§  116.  It  shall  be  the  duty  of  every  owner,  lessee  and 
tenant  of  any  vacant,  sunken  or  excavated  lot  in  The  City  of 
New  York  to  keep  the  same  at  all  times  clean  and  inoffensive 
and  free  from  the  accumulation  of  water  thereon,  and  to 
maintain  around  the  same  a  proper  fence,  so  as  to  effectu- 
ally prevent  the  throwing  or  depositing  therein  or  there- 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  149 

upon  any  g-arbage  or  offensive  thing  whatsoever,  and  so  as 
to  prevent  persons  passing  from  falling  into  such  excavation. 
(Id.,  sec.  116.) 

§  117.  No  person  shall  deposit  upon  any  street  or  public 
place  within  the  generally  built-up  portion  of  The  City  of 
New  York,  or  upon  any  paved  street,  any  dirt  or  brick  or 
other  material,  or  dirt  taken  from  any  ground  therein,  in 
such  manner  as  to  occupy  more  than  100  square  feet  of 
surface  of  any  street  or  place  (and  the  same  shall  be  com- 
pact and  at  one  side);  nor  shall  any  person  allow  the  same 
to  remain  in  said  street  or  public  place  more  than  twelve 
hours,  without  a  permit  from  the  Board  of  Health,  or  unless 
such  occupancy  shall  be  otherwise  duly  authorized  by  para- 
mount authority.  Nor  shall  any  such  substance  be  so  depos- 
ited or  allowed  to  remain  by  any  person  as  to  obstruct  the 
free  flowage  along  any  gutter.     (Id.,  sec.  117.) 

§  118.  No  lime,  ashes,  coal,  dry  sand,  hair,  feathers  or 
other  substance  that  is  in  a  similar  manner  liable  to  be 
blown  by  the  wind,  shall  be  sieved,  agitated  or  exposed,  nor 
shall  any  mat,  carpet  or  cloth  be  shaken  or  beaten,  nor 
shall  any  cloth,  yarn,  garment,  material  or  substance  be 
scoured,  cleaned  or  hung,  nor  shall  any  rags,  damaged  mer- 
chandise, barrels,  boxes  or  broken  bales  of  merchandise  or 
goods,  be  placed,  kept  or  exposed  in  any  place  where  they 
or  particles  therefrom  will  pass  into  any  street  or  public 
place,  or  into  any  occupied  premises.  Neither  shall  any 
usual  nor  any  reasonable  precaution  be  omitted  by  any 
person  to  prevent  fragments  or  other  substancefe  from  fall- 
ing, to  the  peril  of  life,  or  dust  or  light  material  flying  into 
any  street,  place  or  building,  from  any  building  or  erection, 
while  the  same  is  being  altered,  repaired  or  demolished,  or 
otherwise.     (Id.,  sec.  118.) 

Removal  of  Filth. 

§  119.  No  person  shall  engage  in  the  business  of  trans- 
porting manure,  swill  garbage,  offal  or  any  offensive  or 
noxious  substance,  or  drive  any  cart  for  such  purpose,  in 
The  City  of  New  York,  without  a  permit  from  the  Board  of 
Health.     (Id.,  sec.  119.) 

§  120.  No  cart  or  other  vehicle  for  carrying  any  manure, 
swill,  garbage,  offal,  or  rubbish,  or  other  neauseous  or 
offensive  substance,  or  the  contents  of  any  privy,  vault, 
cesspool  or  sink,  shall,  without  necessity  therefor,  be 
allowed  to  stand  or  remain  before  or  near  any  building, 
place  of  business  or  other  premises  where  any  person  may 
be;  nor  shall  any  such  cart  or  vehicle  be  allowed  to  occupy 
an  unreasonable  length  of  time  in  loading  or  unloading,  or 
in  passing  along  any  street  or  through  any  innabited  place 
or  grounds.  Such  carts,  vehicles  and  all  implements  used 
in  connection  therewith  must  be  kept  in  an  inoffensive  and 
sanitary  condition,  and,  when  not  in  use,  shall  be  stored  and 


150  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

kept  in  some  place  where  no  needless  offense  shall  be  given 
to  any  of  the  people  of  said  city.     (Id.,  sec.  120.) 

§  121.  All  carts  and  vehicles  for  carrying  any  nauseous  or 
offensive  substances,  boxes,  tubs  and  receptacles  in  which 
any  nauseous  or  offensive  substance  may  be,  or  may  be  car- 
ried, shall  be  strong  and  tight,  and  the  sides  shall  be  so 
high  above  the  load  or  contents  that  no  part  of  such  con- 
tents or  load  shall  fall,  leak  or  spill  therefrom,  and  either 
the  vehicle  or  vessels  carried  by  it  shall  be  so  covered  as  to  be 
inoffensive;  and  all  such  material  shall  be  loaded  and 
removed  in  a  sanitary  manner,  and  according  to  the  regula- 
tions of  the  Department  of  Health,  and  it  shall  be  the  duty 
of  every  person  removing  any  offensive  material  to  at  once 
replace  in  said  vehicle  or  vessel  any  material  that  may  have 
fallen  therefrom  upon  or  in  any  place,  street  or  premises. 
(Id.,  sec.  121.) 

§  122.  All  putrid  or  offensive  matter,  and  all  night  soil, 
and  the  contents  of  sinks,  privies,  vaults  and  cesspools,  and 
all  noxious  substances,  shall,  before  their  removal  or 
exposure,  be  disinfected  and  rendered  inoffensive  by  the 
ownier,  lessee,  or  occupant  of  the  premises  where  the  same 
may  be,  or  by  the  person  or  contractor  who  removes  or  is 
about  to  remove  the  same;  and  no  part  of  the  contents  of 
any  vault,  privy,  sink  or  cesspool  shall  be  removed  without 
a  permit  from  the  Board  of  Health.     (Id.,  sec.  122.) 

§  123.  No  boat,  scow  or  other  receptacle  used  in  trans- 
porting garbage  to  Barren  Island  or  the  place  of  disposal 
shall  be  permitted  to  rtjmain  moored  or  be  at  any  dock, 
wharf  or  place  within  the  limits  of  The  City  of  New  York 
for  a  longer  period  than  twenty-four  hours  from  the  time 
garbage  is  first  delivered  or  placed  thereon.  Garbage  shall 
be  received  on  such  boat,  scow  or  other  receptacle  and  trans- 
ported in  a  manner  approved  by  the  Board  of  Health. 
(Id.,  sec.  123.) 

Diseased,  Injured  and  Dead  Animals. 
§  124.  No  diseased  cattle,  swine,  sheep,  horses,  dogs  or 
cats,  which  are  suffering  from  or  have  been  exposed  to  any 
disease  wMch  is  contagious  among  such  animals,  shall  be 
brought  into  or  kept  in  The  City  of  New  York.  All  persons, 
corporations  or  companies  bringing  milch  cows  into  The 
City  of  New  York  shall  furnish  a  certificate  signed  by  a 
veterinarian  who  is  a  graduate  of  a  recognized  veterinary 
college,  with  the  date  of  graduation  and  the  name  of  the 
college  from  which  the  degree  was  received,  to  the  effect  that 
said  cows  are  free  from  tuberculosis  as  far  as  may  be  deter- 
mined by  physical  examination  and  the  tuberculin  test.  Said 
certificate  shall  give  a  number  which  has  been  permanently 
attached  to  each  cow,  and  a  description  sufficiently  accurate 
for  identification,  stating  the  date  (which  must  not  be  more 
than  sixty  days  prior  to  the  time  when  they  are  brought  into 
the  city),  the  place  of  examination,  the  temperature  of  the 


CODE  OF  ORDINANCES  OP  THE  CITY  OF  NEW  YOEK.  151 

COW  or  cows  at  intervals  of  three  hours  for  twelve  hours 
before  the  subcutaneous  injection  of  the  tuberculin,  the 
preparation  of  tuberculin  used,  the  location  of  the  injection, 
the  quantity  injected,  the  temperature  at  the  tenth  hour 
after  the  injection  of  the  tuberculin  and  every  three  hours 
after  the  aforesaid  tenth  hour  for  twelve  hours,  or  until  the 
reaction  is  completed.  No  cow  with  a  certificate  which  states 
that  said  cow  gave  a  reaction  of  two  degrees  F.  after  the 
injection  with  0.5  c.  c.  of  the  tuberculin  prepared  by  the 
Department  of  Health  of  The  City  of  New  York  (or  its 
equivalent),  diluted  with  ten  times  its  volume  of  a  0.5  per  cent, 
watery  solution  of  carbolic  acid,  shall  be  brought  into  The 
City  of  New  York.     (Id.,  sec.  124.) 

§  125.  No  person  shall  keep  or  retain,  or  allow  or  cause  to 
be  kept  or  retained,  at  any  place  within  The  City  of  New 
York,  any  animal  having  the  disease  known  as  glanders,  or 
farcy  or  any  other  contagious  disease,  but  shall  forthwith 
report  the  fact  to  the  Department  of  Health  of  said  city, 
and,  under  the  direction  of  the  Sanitary  Superintendent  or 
Assistant  Sanitary  Superintendent,  shall  destroy  or  cause  to 
be  destroyed,  remove  or  cause  to  be  removed,  and  dispose  of 
such  animal  or  animals  in  a  manner  designated  by  the 
Sanitary  Superintendent  or  Assistant  Sanitary  Superin- 
tendent, and  every  person  who  destroys  any  such  animal 
shall  forthwith  notify  the  Department  of  Health  of  such 
destruction,  the  place  of  destruction,  and  the  disposition  of 
the  body  of  such  animal.     (Id.,  sec.  125.) 

§  126.  All  dead  horses,  before  they  are  placed  in  the  street, 
Inust  have  a  tag  attached  giving  the  name  and  address  of  the 
owner  and  the  stable  from  which  the  horse  was  removed. 
(Id.,  sec.  126.) 

§  127.  Every  veterinary  surgeon  who  is  called  to  examine 
or  professionally  attend  any  animal  vnthin  The  City  of 
New  York  having  the  glanders  or  farcy  or  any  contagious 
disease  shall  report  forthwith  in  writing  to  the  Board  of 
Health  of  said  city  the  following  facts,  viz.:  First,  a  state- 
ment of  the  location  of  such  diseased  animal;  second,  the 
name  and  address  of  the  owner  thereof;  third,  the  type  and 
character  of  the  disease.     (Id.,  sec.  127.) 

§  128.  No  person  shall  leave  in  or  throw  into  any  place  or 
street,  or  public  water,  or  offensively  expose  or  bury,  the 
body  (or  any  part  thereof)  of  any  dead  or  fatally  sick  or 
injured  animal;  nor  shall  any  person  keep  any  dead  animal 
or  any  offensive  meat,  bird,  fowl  or  fish  in  a  place  where  the 
same  may  be  dangerous  to  the  life  or  detrimental  to  the 
health  of  any  person.     (Id.,  see.   128.) 

§  129.  Any  animal,  being  in  any  street  or  public  place, 
within  or  adjacent  to  the  built-up  portion  of  New  York  city, 
and  appearing  in  the  estimation  of  any  officer  or  inspector  of 
this  department  (and  of  two  discreet  citizens,  called  bj^  such 
officer  or  inspector  to  view  the  same  in  his  presence)  injured 
or  diseased  past  recovery,  for  any  useful  purpose,  and  not 


152  CODE  OF   OKDINANCES  OF  THE   CITY   OF  XEV/  YOEK. 

being  attended  and  properly  cared  for  by  the  owner  or  some 
proper  person  having"  charge  thereof  for  such  owner,  or  n^t 
having  been  removed  to  some  private  premises,  or  to  some 
place  designated  by  such  officer  or  inspector,  within  one 
hour  after  being  found  or  left  in  such  condition,  may  be 
deprived  of  life  by  such  officer  or  inspector,  or  as  he  may 
direct;  and  shall  thereafter,  unless  at  once  removed  by  the 
owner  or  person,  be  treated  as  any  other  animal  found  on  a 
street  or  place.     (Id.,  s£c.  129.) 

§  130.  Any  person  having  a  dead  animal  or  an  animal  past 
recovery,  and  not  killed  for  and  proper  for  use  as  food,  or  in 
any  offensive  condition,  or  sick  with  an  infectious  or  con- 
tagious disease,  on  his  premises  in  said  city,  and  every 
person  whose  anim^  or  any  animal  in  his  charge  or  under 
his  contral  in  any  street  or  place,  may  die  or  become  or  be 
in  a  condition  past  recovery,  shall  at  once  notify  the  Depart- 
ment of  Health,  and  under  the  direction  of  the  Sanitary 
Superintendent  or  an  Assistant  Sanitary  Superintendent  or 
an  officer  of  the  Police  Department,  remove  or  cause  the 
removal  of  such  animal,  dead  or  alive,  to  such  place  as  may 
be  designated  by  such  official.     (Id.,  sec.  130.) 

§  131.  No  person  other  than  the  inspectors  or  officers  of 
this  department  or  the  Police  Department,  or  persons 
thereto  authorized,  shall  in  any  way  interfere  wdth  such 
dead,  sick  or  injured  animal  in  any  street  or  place,  and  no 
I)erson  shall  skin  or  wound  such  animal  in  such  street  or 
public  place,  unless  to  terminate  its  life  as  herein  authorized, 
except  that  the  owner  or  person  having  control  of  such 
animal  may  terminate  the  life  thereof  in  the  presence  and  by 
the  consent  of  a  i)oliceman  or  an  inspector  or  officer  of  this 
department.     (Id.,  sec.  131.) 

§  132.  E> ery  animal  which  shows  symptoms  of  rabies  and 
every  animal  that  has  been  exposed  to  such  disease  shall,  by 
the  person  owning  the  same  or  having  possession  thereof,  be 
at  once  confined  in  some  secure  place  for  such  length  of 
time  as  to  determine  whether  such  disease  exists  or  to 
show  that  such  exposure  has  not  given  such  animal  said 
disease,  and  so  as  to  avoid  all  danger  to  life  or  health.  And 
such  person  shall  also  forthwith  notify  the  Department  of 
Health  thereof  and  of  the  place  where  such  animal  is  con- 
fined. Every  animal  which  is  mad  or  has  rabies  shall  at 
once  be  killed  by  the  owner  or  persons  having  possession 
thereof,  or  by  the  Department  of  Health,  and  the  body  of 
any  animal  that  has  died  of  such  disease,  or  being  suspected 
of  such  disease  has  been  killed,  shall  be  at  once  surrendered 
to  the  Department  of  Health  to  be  by  it  disposed  of. 

Should  a  dog  bite  any  person  it  shall  be  the  duty  of  the 
owner,  or  person  having  the  same  in  his  possession  or  under 
his  control,  to  at  once  notify  said  department  thereof,  and 
surrender  said  dog  to  said  department  for  inspection  and 
observation;  and  such  dog  shall  be  returned  to  the  person 
from  whom  the  same  shall  have  been  received  if  found  not 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  153 

rabid,  and  if  found  to  be  rabid,  it  shall  be  destroyed  by  said 
department. 

When  the  police  or  other  person  or  authorities  destroy  a 
dog"  for  any  of  the  causes  herein  mentioned,  it  shall  be  his 
or  their  duty  to  immediately  notify  the  said  department 
thereof  and  of  the  location  of  its  body,  so  that  the  same  may 
be  obtained  by  the  said  department;  and  it  shall  be  unlawful 
to  remove  any  such  dog-  or  the  body  of  any  such  animal 
heretofore  mentioned  except  as  herein  provided.   (Id.,  sec.  132.) 

Infectious  Diseases. 

§  133.  It  shall  be  the  duty  of  every  physician  to  report  to 
the  Department  of  Health,  in  writing,  the  full  name,  age 
and  address  of  every  person  suffering  from  any  one  of  the 
infectious  diseases  included  in  the  list  appended,  with  the 
name  of  the  disease,  within  twenty-four  hours  of  the  time 
when  the  case  is  first  seen: 

A. —  Contagious  (very  readily  communicable) ;  Measles, 
rubella  (rotheln),  scarlet  fever,  small-pox,  varicella  (chicken- 
pox),  typhus  fever,  relapsing-  fever. 

B. —  Communicable:  Diphtheria  (croup),  tj'-phoid  fever, 
Asiatic  cholera,  tuberculosis  (of  any  organ),  plague,  tetanus, 
anthrax,  glanders,  epidemic  cerebro-spinal  meningitis,  leprosy, 
infectious  diseases  of  the  eye  (trachoma,  suppurative 
conjunctivitis),  puerperal  septicaemia,  erysipelas,  whooping 
cough. 

C. —  Indirectly  communicable  (throug-h  intermediary  host) : 
Yellow  fever,  malarial  fever. 

Note. —  In  this  provisional  classification  of  the  infectious 
diseases,  arranged  for  practical  purposes,  the  most  readily 
communicable  of  these  diseases,  embracing-  the  exanthemata 
and  typhus  fever,  have  been  placed  in  a  g-roup  by  themselves 
and  called  contagious.  This  has  been  done  with  a  view  to 
emphasizing-  a  distinction,  which  is  not  only  of  scientific 
significance,  but  of  practical  importance,  in  dealing-  with  the 
sanitary  features  of  administration.  This  distinction  is  fur- 
thermore of  importance  because  it  avoids  the  misunder- 
standing and  alarm  frequently  caused  by  including"  in  the 
same  class  the  very  readily  communicable  disease  (such  as 
small-pox),  and  the  much  less  communicable  diseases  (such 
as  tuberculosis),  which  require  very  different  sanitary 
measures  for  their  control.     (Id.,   sec.   133.) 

§  134.  It  shall  be  the  duty  of  the  commissioners  or  mana- 
g-ers  or  the  principal  superintendent  or  physician  of  each 
and  every  public  institution  or  dispensary,  in  this  city,  to 
rejKjrt  to  the  Department  of  Health,  in  writing-,  the  full 
name,  ag-e  and  address  of  any  person  suffering-  from  any 
one  of  the  infectious  diseases  included  in  the  list  appended, 
with  the  name  of  the  disease,  within  twenty-four  hours  of 
the  time  when  the  case  is  first  seen: 

A. —  Communicable :  Influenza,  lobar  pneumonia,  broncho- 
pneumonia, infectious  dis^as^s  of  the  gastro-int?stinal  canal 


154  CODE  OF  OEDINANCES  OF  THE  CITY  OF  NEW  YORK. 

(dysentery,  cholera  morbus,  cholera  infantum,  summer 
diarrhoeas  of  infants). 

B. —  Parasitic  diseases  of  the  skin:  Scabies,  tin^a  tonsurans, 
impetigo   (contagious),  favus. 

Note. —  In  this  list  of  diseases  reporting  is  required  by  the 
Department  of  Health  in  order  that  data  may  be  obtained 
for  general  and  spjacial  investigation  of  the  modes  and 
sources  of  infection  and  as  to  the  prevalence  and  distribu- 
tion of  these  diseases.  The  Department  of  Health  does  not 
purpose  to  exercise  a  sanitary  surveillance  in  these  cases, 
but  desires  information  with  a  view  to  the  ultimate  removal 
or  improvement  in  the  conditions  which  now  foster  them. 
Notilication  is  required  in  certain  of  these  diseases  because 
of  the  liability  to  tlieir  extension  among  the  children  in 
schools.     (Id.,  sec.  134.) 

§  135.  It  shall  be  the  duty  of  every  physician  to  report 
forthwith,  in  writing,  to  the  Department  of  Health,  the  death 
of  every  person  who  dies  from,  or  while  suffering  with,  any 
infectious  disease,  and  to  state  in  such  report  the  specific 
name  and  type  of  such  disease.     (Id.,  sec.  135.) 

§  136.  It  shall  be  the  duty  of  every  keeper  of  any  boarding 
house  or  lodging  house,  and  the  proprietor  of  every  lodging 
house  or  hotel,  to  report  forthwith  to  the  Department  of 
Health  all  the  known  facts  in  regard  to  any  person  ill,  in 
any  house  or  hotel  under  his  or  her  charge,  and  suffering 
from  any  one  of  the  following  infectious  diseases:  Measles, 
diphtheria  (croup),  scarlet  fever,  smallpox,  chickenpox, 
epidemic  cholera,  typhus  fever,  rubella  (rotheln),  plague, 
tuberculosis   and  whooping  cough.     (Id.,   sec.   136.) 

§  137.  It  shall  be  the  duty  of  every  person  having  knowl- 
edge of  the  existence  of  any  person  afflicted  with  any  one  of 
the  following  infectious  diseases:  Measles,  diphtheria 
(croup),  scarlet  fever,  smallpox,  chickenpox,  epidemic 
cholera,  typhus  fever,  rubella  (rotheln),  plagne,  tuberculosis 
and  whooping  cough,  who  he  has  reason  to  think  requires  the 
attention  of  the  Department  of  Health,  to  at  once  report 
to  the  department  all  facts  in  regard  to  the  disease;  and  no 
person  shall  interfere  with  or  obstruct  the  entrance,  inspec- 
tion or  examination  of  any  building  or  house,  or  the  occu- 
pants thereof,  by  the  inspectors  and  officers  of  this  depart- 
ment, when  any  case  of  one  of  the  infectious  diseases  above 
specified  has  been  reported  as  existing  in  such  house  or 
dwelling;  nor  shall  any  person  interfere  wdth  or  obstruct, 
mutilate  or  tear  down  any  notices  of  this  department  posted 
in  or  on  any  premises  in  The  City  of  New  York.    (Id.,  sec.  137.) 

§  138.  It  shall  be  the  duty  of  the  commissioners  or  mana- 
gers or  the  principal,  superintendent  or  physician  of  each 
and  every  public  or  private  institution  or  dispensary  in  this 
city  to  report  to  the  Department  of  Health,  in  vrriting,  or  to 
cause  such  report  to  be  made  by  some  proper  and  competent 
person,  the  aame,  age,  sex,  occupation  and  Ip-test  address  of 


CODE  OF  ORDINANCES  OP  THE  CITY  OP  NEW  YORK.  155 

every  person  afflicted  with  tuberculosis,  who  is  In  their  care 
or  who  has  come  under  their  observation,  within  one  week 
of  such  time.  It  shall  be  the  duty  of  every  person  sick  with 
this  disease  and  of  every  person  in  attendance  upon  any  one 
sick  with  this  disease,  and  of  the  authorities  of  public  and 
private  institutions  or  dispensaries,  to  observe  and  enforce 
all  the  sanitary  rules  and  regiilations  of  the  Board  of 
Health  for  preventing  the  spread  of  pulmonary  tuberculosis. 
(Id.,  sec.  138.) 

§  139.  Whenever  an  Inspector  of  this  department  shall 
report  in  writing  that  any  person  is  sick  of  any  infectious 
disease,  under  such  circumstances  that  the  continuance  of 
such  sick  person  in  the  place  where  he  or  she  may  be  is 
dangerous  to  the  lives  of  other  persons  residing  in  the  neigh-^ 
borhood,  the  Sanitary  SuiJerintendent,  an  Assistant  Sanitary 
Superintendent  or  the  Chief  Inspector  of  the  Division  of 
Contagious  Diseases,  upon  the  rex>ort  of  the  Medical  In- 
spector of  the  department,  may  cause  the  removal  of  such 
sick  person  to  one  of  the  hospitals  under  the  charge  of  this 
department  or  to  a  hospital  delegated  by  the  Board  of 
Health.     (Id.,  sec.  139.) 

But  no  person  can  be  quarantined  simply  because  he  has  not  been 
vaccinated.    Matter  of  Smith,  146  N.  Y.  68. 

§  140.  In  every  public  hospital  and  dispensary  in  The 
City  of  New  York  there  shall  be  provided  and  maintained  a 
suitable  room  or  rooms  for  the  temporary  isolation  of 
persons  suffering  from  any  of  the  following  infectious  dis- 
eases: Measles,  diphtheria  (croup),  scarlet  fever,  smallpox, 
chickenpox,  epidemic  cholera,  tj'phus  fever,  rubella  (rotheln), 
plague  and  whooping  cough;  and  siich  persons  shall  imme- 
diately be  separated  from  other  persons  at  such  dispensary 
or  hospital.  It  shall  be  the  duty  of  the  physician  or  physi- 
cians, and  of  the  officers  and  managers  of  every  hospital  or 
dispensary,  to  cause  a  report  to  be  immediately  made  to  the 
Department  of  Health  of  The  City  of  New  York  of  every 
person  afflicted  with  any  one  of  the  infectious  diseases  herein 
specified  who  comes  to  their  knowledge,  and  to  have  such 
persons  properly  isolated  from  other  persons.     (Id,,   sec.   140.) 

§  141.  It  shall  be  the  duty  of  every  undertaker  having 
notice  of  the  death  of  any  person  within  The  City  of  New 
York  of  smallpox,  diphtheria  (croup),  scarlet  fever,  yellow 
fever,  typhus  fever,  Asiatic  cholera,  measles  or  any  other 
infectious  disease  dangerous  to  the  general  health  of  the 
community,  or  of  the  bringing  of  the  dead  body  of  any 
person  who  has  died  of  any  such  disease  into  such  city,  to 
give  immediate  notice  thereof  to  this  department.  No  person 
shall  retain  or  expose  or  assist  in  the  retention  or  exx>osure 
of  the  dead  body  of  any  such  person  except  in  a  coffin  or 
casket  properly  sealed;  nor  shall  he  allow  any  such  body 
to  be  placed  in  any  coffin  or  casket  unless  the  body  has 
Jbeen  wrapped  in  a  sheet  saturated  with  a  proper  disinfect- 
ing solution  and  the  coffin  or  casket  shall  then  be  imme- 


156  CODE  OF  ORDINANCES  OF  THE, CITY  OF  NEW  YORK. 

diately  and  permanently  sealed.  No  undertaker  shall  assist 
in  the  public  or  church  funeral  of  any  such  person.  No 
undertaker  shall  use,  or  cause  or  allow  to  be  used,  at  any 
funeral,  or  in  any  room  where  the  dead  body  of  any  person 
shall  be,  any  draperies,  decorations,  rugs  or  carpets,  belong- 
ing to  or  furnished  by  him  or  under  his  directiopi.  (Id., 
sec.  141.) 

§  142.  A  public  or  church  funeral  shall  not  be  held  of 
any  person  who  has  died  of  smallpox,  diphtheria  (croup), 
scarlet  fever,  yellow  fever,  typhus  fever,  Asiatic  cholera, 
measles  or  plague;  but  the  funeral  of  such  person  shall  be 
private,  and  it  shall  not  be  lawful  to  invite  or  permit  at  the 
funeral  of  any  person  who  has  died  of  any  one  of  the  above 
diseases  or  of  any  infectious  disease  or  at  any  services  con- 
nected therewith,  any  person  whose  attendance  is  not  neces- 
sary, or  to  whom  there  is  danger  of  contagion  thereby. 
(Id.,   SJBC.   142.) 

§  143.  No  person  shall  within  this  city,  without  a  permit 
from  the  Board  of  Health,  carry,  remove  or  cause  or  permit 
to  be  carried  or  removed,  any  person  sick  with  any  infec- 
tious disease,  or  remove  or  cause  to  be  removed  any  such 
person  from  any  building  or  vessel  to  any  other  building  or 
vessel  or  to  the  shore  or  to  or  from  any  vehicle  in  any  part 
of  the  city.  Nor  shall  any  person,  by  any  exposure  of  any 
individual  sick  of  any  infectious  disease,  or  of  the  body  of 
such  person,  or  by  any  negligent  act  connected  therewith, 
or  in  respect  of  the  care  or  custody  thereof,  or  by  a  need- 
less exposure  of  himself,  cause  or  contribute  to  or  promote 
the  spread  of  disease  from  any  such  person  or  from  any 
dead  body.     (Id.,  sec.  143.) 

§  144.  Every  owner,  lessee,  tenant  and  occupant  of  any 
dwelling  or  apartment  in  The  City  of  New  York  shall  forth- 
with report  to  the  Department  of  Health  in  writing  the 
removal  of  any  person  from  such  dwelling  or  apartment 
who  shall  be  suffering  from  any  of  the  following  infectious 
diseases:  Measles,  diptheria  (croup),  scarlet  fever,  small- 
pox, chickenpox,  epidemic  cholera,  typhus  fever,  rubella 
(rotheln),  plague,  whooping  cough  or  tuberculosis  (of  any 
organ).     (Id.,  sec.  144.) 

§  145.  No  principal  or  superintendent  of  any  school,  and 
no  parent,  master  or  custodian  of  any  child  or  minor  (hav- 
ing the  power  and  authority  to  prevent)  shall  permit  any 
child  or  minor  having  scarlet  fever,  diphtheria  (croup), 
smallpox  or  any  dangerous,  infectious  or  contagious  disease, 
or  any  child  in  any  family  in  which  any  such  disease  exists 
or  has  recently  existed,  to  attend  any  public  or  private 
school  until  the  Board  of  Health  shall  have  given  its  per- 
mission therefor,  nor  in  any  manner  to  be  unnecessarily 
exposed,  or  to  needlessly  expose  any  other  person  to  the 
taking  or  to  the  infection  of  any  contagious  disease.  (Id., 
sec.  145.) 


CODE  OF  OStHKA^^CES  OF  THE  ClTV  OF  NEW  YORK.  157 

Disinfection. 

§  146.  Adequate  disinfection  or  cleansing-  and  renovation 
of  premises,  furniture  and  belongings,  deemed  by  the 
Department  of  Health  to  be  infected  by  contagious  or  com- 
municable diseases,  shall  immediately  follow  the  recovery, 
death  or  removal  of  the  person  suffering  from  such  disease, 
and  such  disinfection  or  cleansing  and  renovation  shall  be 
performed  by  the  owner  or  occupant  of  said  premises  when 
ordered  by  the  Board  of  Health.     (Id.,  sec.  146.) 

Tacdnatioriy  Antitoxin. 

S  147.  Every  person,  being  the  parent  or  gfuardian,  or  hav- 
ing the  care,  custody,  or  control  of  any  minor,  or  other 
individual,  shall  (to  the  extent  of  any  means,  power  ana 
authority  of  said  parent,  guardian,  or  other  person  that 
could  properly  be  used  or  exerted  for  such  purpose)  cause 
and  procure  such  minor  or  individual  to  be  so  promptly, 
frequently,  and  effectively  vaccinated,  that  such  minor  or 
individual  shall  not  take,  or  be  liable  to  take  the  smallpox. 
(Id.,  sec.  147.) 

But  if  a  person  be  not  vaccinated  he  cannot  be  quarantined  unless 
the  conditions  to  communicate  tlie  disease  exist.  Smith  vs.  Emery, 
11  App.  Div.  10;  Matter  of  Smith,  146  N.  Y.  68;  Viermeir  vs.  White, 
179  N.  Y.  235. 

§  148.  That  no  preparation  of  diphtheria  antitoxin  shall 
be  offered  or  exposed  for  sale  in  this  city  unless  the  recep- 
tacle containing  such  preparation  bear  a  label  on  which  is 
placed  the  name  and  the  address  of  the  producer,  and  upon 
such  label,  or  upon  a  circular  accompanying  such  receptacle 
and  inclosed  with  it  in  a  sealed  package,  shall  be  printed  or 
written  the  date  of  production  and  the  value  of  the  contents 
in  antitoxin,  as  measured  by  some  generally  recognized 
standard.     (Id.,  sec.  148.) 

Vessels  and  Seamen. 

§  149.  The  master,  chief  officer,  and  consignee  of  every 
vessel  not  being  in  quarantine,  or  within  quarantine  limits, 
but  being  within  one-fourth  of  a  mile  of  any  dock,  wharf, 
pier  or  building  of  said  city,  shall  daily  report  to  the 
Department  of  Health,  or  cause  to  be  reported,  in  writing, 
the  particulars,  and  shall  therein  state  the  name,  disease 
and  condition  of  any  person  being  in  or  on  such  vessel,  and 
sick  of  any  infectious  disease.     (Id.,  sec.  149.) 

The  power  of  public  authorities  to  protect  the  public  from  con- 
tagious diseases  on  vessels  considered.  Lockwood  vs.  Bartlett,  130 
N.  Y.  340. 

§  150.  The  keepers,  lessees,  tenants  and  owners  of  every 
boarding-house  and  lodging-house  shall  forthwith  notify  the 
Department  of  Health  of  the  fact  of  any  sea-faring  man  or 
person  latelj-  from  any  vessel  being  taken  sick  at  such 
house,  and  shall  in  such  notice  state  where  such  sick  person 


158  CODE  OF   OEDINANCES  OF  THE   CITY  OF  NEW  YOEK. 

may  be  found,  and  from  what  vessel,  and  when  he  came, 
to  the  best  of  the  knowledge  of  the  person  or  persons  giv- 
ing such  notice.     (Id.,  sec.  150.) 

§  151.  Every  master  and  chief  officer  of  any  vessel,  and 
every  physician  of,  or  who  practiced  on,  any  vessel  which 
shall  arrive  in  the  port  of  New  York  from  any  other  port, 
shall  at  once  report  to  this  department  any  facts  connected 
with  any  person  or  thing  on  said  vessel,  or  that  came 
thereon,  which  he  has  reason  to  think  may  endanger  the 
public  health  of  this  city;  and  he  shall  report  the  facts  as 
to  any  person  being  or  having  been  sick  thereon,  of  an 
infectious  disease,  and  as  to  there  being  or  having  been, 
during  the  voyage  or  since  her  arrival,  any  infected  person 
or  articles  thereon.     (Id.,  sec.  151.) 

§  152.  No  master,  charterer,  owner,  part  owner  or  con- 
signee of  any.  vessel,  or  any  other  person,  shall  bring  to 
any  dock,  pier,  wharf  or  building  within  1,000  feet  thereof, 
in  said  city,  or  unload  at  any  dock,  building,  or  pier  therein, 
or  have  on  storage  in  the  built-up  portions  of  said  city,  any 
skins,  hides,  rags,  or  similar  articles  or  materials  having 
been  brought  from  any  foreign  country  or  any  infected 
place,  or  from  any  points  south  of  Norfolk,  Virginia,  with- 
out or  otherwise  than  according  to  a  permit  from  the  Board 
of  Health,  and  no  j)erson  shall  sell,  exchange,  remove  or  in 
any  way  expose  any  straw,  bedding  or  other  articles  used 
by  immigrants  upon  any  vessel  bringing  immigrants  to  this 
port,  until  it  has  been  adequately  and  properly  cleansed  or 
disinfected;  and  all  straw,  bedding  or  other  articles  that 
have  been  exposed  on  any  vessel  to  contagion  or  infection 
of  any  contagious  disease,  or  have  been  or  are  liable  to 
coinmunicate  such  disease,  shall  be  destroyed  by  fi^e  on  said 
vessel.     (Id.,  sec.  152.) 

§  153.  No  owner,  agent,  or  consignee  of  any  vessel,  or 
cargo,  and  no  officer  of  any  vessel  (in  respect  of  either  of 
which  vessel  or  cargo  a  permit,  according  to  any  law, 
ordinance,  or  regulation  shall  or  should  have  been  obtained 
to  pass  quarantine,  or  to  come  up  to  the  water  front  of 
The  City  of  New  York)  shall  unload,  or  land,  or  cause  to  be 
unladen  or  landed,  such  cargo,  or  any  part  thereof,  in  said 
city,  without  having  first  received  a  permit  from  the  Board 
of  Health  so  to  do.     (Id.,  sec.  153.) 

§  154.  No  captain,  officer,  consignee,  owner  or  other  per- 
son in  charge  of  any  vessel  (or  having  right  and  authority  to 
prevent  the  same)  shall  remove  or  aid  in  removing  from  any 
vessel  to  the  shore  (save  as  legally  authorized  by  the  Health 
Officer  of  the  Port  of  New  Y'ork,  and  into  quarantine 
grounds  and  buildings  only)  any  person  sick  of,  or  person 
that  has  been  exposed  to,  and  is  liable  very  soon  to  develop 
any  infectious  disease,  or  so  remove  or  aid  in  removing 
any  articles  that  may  have  been  exposed  to  the  contagion 
of  any  such  disease,  except  in  accordance  wdth  a  permit 
from  the  Board  of  Health.     (Id,,  sec.  154.) 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  159 

§  155.  No  master,  charterer,  consignee,  or  other  person 
shall  order,  bring  or  allow  (having  power  and  authority 
to  prevent  the  same)  any  vessel  or  person,  or  article  there- 
from, from  any  infected  port,  or  any  vessel,  or  person  or 
article  therefrom,  liable  to  quarantine,  •  according  to  the 
ninth  section  of  the  three  hundred  and  fifty-eighth  chapter 
of  the  Laws  of  1863  (or  under  any  other  laws,  and  whether 
such  quarantine  has  been  made  or  suffered  or  not),  to  come 
or  be  brought  to  any  point  nearer  than  300  yards  from  any 
dock  or  pier,  or  to  any  building  in  said  city  without  or 
otherwise  than  according  to  a  permit  from  the  Board  of 
Health.  Nor  shall  any  vessel,  or  person  or  thing  therein 
or  therefrom,  having  been  in  quarantine,  come  or  be  brought 
within  the  last-named  distance  of  any  last-named  place, 
without  the  permit  or  assent  of  this  board.     (Id.,  sec.  155.) 

§  156.  No  person  shall  bring  into  this  city  from  any 
infected  place,  or  land  or  take  therein  from  any  vessel  lately 
from  an  infected  port,  or  from  any  vessel  or  building  in 
which  has  lately  been  any  person  sick  of  an  infections  dis- 
ease, any  article  or  person  whatsoever,  nor  shall  any  such 
person  land  or  come  into  said  city  without  a  permit  from 
the  Board  of  Health;  and  it  shall  be  no  excuse  that  such 
person  or  article  so  offending,  or  the  occasion  of  offense, 
has  passed  through  quarantine,  or  has  a  permit  from  any 
other  source  than  this  board.     (Id.,  sec.  156.) 

§  157.  No  owner,  part  owner,  charterer,  agent  or  con- 
signee of  any  vessel,  or  any  officer  or  person  having  charge 
or  control  of  the  same,  shall  allow  to  be  cast  therefrom,  and 
no  person  shall  cast  therefrom,  into  any  public  waters  of 
The  City  of  New  York,  any.  straw,  bedding,  clothing  or 
other  substance.     (Id.,  sec.  137.) 

Marriages,  Births  and  Deaths. 

§  158.  It  shall  be  the  duty  of  the  clergymen,  magistrates 
and  other  persons  who  perform  the  marriage  ceremony  in 
The  City  of  New  York,  to  keep  a  registry  of  the  marriages 
celebrated  by  them,  which  shall  contain,  as  near  as  the 
same  can  be  ascertained,  the  place  and  date  of  marriage, 
age,  color,  name  and  surname  of  the  parties  married,  birth- 
place, residence,  number  of  marriage  and  condition  of  each, 
whether  single,  widowed  or  divorced,  the  occupation  of  the 
groom,  maiden  name  of  the  bride,  if  a  widow,  the  names 
of  the  parties  of  each  and  the  maiden  name  of  the  mother 
of  each.  And  every  person  authorized  by  law  to  perform 
the  ceremony  of  marriage  shall  register  his  or  her  name  and 
address  in  the  office  of  the  Bureau  of  Records.  (Id.,  sec. 
158.) 

§  159.  It  shall  be  the  duty  of  the  parents  of  any  child 
bom  in  said  city  (and  if  there  be  no  parent  alive  that  has 
made  such  report,  then  of  the  next  of  kin  of  said  child  born), 
and  of  every  person  present  at  such  birth,  within  ten  days 
after  such  birth,  to  report  to  the  Department  of  Health, 


160  CODE  OF  ORDINANCES  OJ)    THE  CITY   OF  NEW  YORK. 

in  writing',  as  far  as  known,  the  date,  borough  and  street 
number  of  said  birth,  and  the  name,  sex  and  color  of  such 
child  born,  and  the  names,  residence,  birthplace  and  age 
of  the  ])a.rents,  the  occupation  of  the  father  and  the  niaiden 
name  of  the  mother.  It  shall  also  be  the  duty  of  physicians 
and  professional  midwives  to  keep  a  registry  of  the  several 
births  in  which  they  have  assisted  professionally,  which 
shall  contain,  as  near  as  the  same  can  be  ascertained,  the 
time  and  place  of  such  birth,  name,  sex  and  color  of  the 
child,  the  name,  residence,  birthplace  and  age  of  the  parents, 
the  occupation  of  the  father  and  the  maiden  name  of  the 
mother,  and  to  report  the  same  A\ithin  ten  days  to  the 
Department  of  Health.     (Id.,  sec.  159.) 

§  160.  It  shall  be  the  duty  of  the  next  of  kin  of  any 
person  deceased,  and  of  each  person  being  with  such  de- 
ceased person  at  his  or  her  death,  to  report,  in  writing,  to 
the  Department  of  Health,  wdthin  five  days  after  such  death, 
the  age,  color,  nativity,  last  occupation  and  cause  of  death 
of  such  deceased  person  and  the  place  of  such  person's 
death  and  last  residence.  Physicians  who  have  attended 
deceased  persons  in  their  last  illness  shall  make  and  pre- 
serve a  registry  of  such  death,  stating  the  cause  thereof 
and  specifying  the  date,  hour,  place  and  street  number  of 
such  death,  and  shall,  in  the  report  of  the  death  of  such 
persons,  specify,  as  near  as  the  same  can  be  ascertained,  the 
date  of  death,  sex,  name  and  surname,  age,  occupation, 
term  of  residence  in  said  city,  place  of  nativity,  condition 
of  life,  whether  single,  married,  widowed  or  divorced,  color, 
last  place  of  residence,  the  names  and  birthplaces  of  the 
parents,  the  maiden  name  of  the  mother  and  the  cause  of 
death  of  such  diseased  persons,  and  the  Coroners  of  the  city, 
in  such  cases  as  an  inquest  may  have  been  held,  shall,  in 
their  certificates,  conform  to  the  requirements  of  this  section. 

Every  physician  in  said  city  shall  register  his  or  her  name 
and  address  in  the  office  of  the  Bureau  of  Records  of  said 
department.     (Id.,  sec.  160.) 

Mandamus  will  lie  to  compel  a  hospital  to  correct  a  certificate  of 
death  which  they  have  filed  with  the  Health  Department.  People 
ex  rel.  Haase  vs.  German  Hosp.,  8  Abb.  N.  C.  332. 

§  161.  It  shall  be  the  duty  of  every  person  required  to 
make  or  keep  a  registry  of  births,  marriages  or  deaths,  to 
present  to  the  Bureau  of  Records  a  copy  of  such  registry 
signed  by  such  person,  within  ten  days  after  the  birth  or 
marriage,  and  wdthin  thirty-six  hours  after  the  death  of 
any  person  to  whom  such  registry  may  or  should  relate, 
which  shall  thereupon  be  placed  on  file  in  the  said  bureau, 
(Id.,  sec.  161.) 

This  does  not  mean  leaving  the  notice  personally  with  the  Board 
of  Health;  mailing  is  sufficient.  Dept.  Health  City  of  N.  Y.  vs. 
Owen,  94  App.  Div.  425. 

8  162.  No  person  shall  make,  prepare,  deliver  or  issue  any 
false  certificate,  statement  or  report  of  a  birth,  marriage  or 
death,  or  anj^  such  certificate,  statemept  or  report,  whicl^ 


CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YOEK.  IGl 

is  not  in  accordance  •with  the  facts  of  the  birth,  marriag-e 
or  death;  all  certificates,  statements  and  reports  of  births, 
marriages  or  deaths,  shall  be  signed  by  the  person  purport- 
ing to  make  the  same,  and  no  person  shall  sign  or  forge 
the  nam©  of  another  to  any  such  certificate,  statement  or 
report.    (Id.,  see.  162.) 

Transportation  of  Dead  Bodies. 

§  163.  That  no  captain,  agent  or  person  having*  charge  of 
or  attached  to  any  ferryboat,  sailing  or  other  vessel,  nor  any 
person  in  charge  of  any  car,  stage  or  other  vehicle  or  public 
or  private  conveyance,  shall  convey  or  allow  to  be  conveyed 
thereon  or  by  any  means  aforesaid,  nor  shall  any  person 
convey  or  allow  to  be  carried  or  conveyed,  in  any  manner, 
from,  through,  into  or  within  The  City  of  New  York,  the 
dead  body  of  any  human  being,  or  any  part  thereof,  without 
a  permit  therefor  from  tlue  Board  of  Health.  And  the 
proper  coupon  for  that  purpose  attached  to  any  such  permit, 
when  issued,  shall  be  preserved  and  returned  to  this  depart- 
ment, as  its  regulations  may  require,  by  the  proper  officer 
or  person  on  eiach  boat  or  vessel,  and  by  the  proper  person 
in  charge  of  any  train  of  cars  or  vehicle  on  which  any  such 
body  may  be  carried  from  said  city.  Provided,  however, 
that  the  same  effect  shall  be  given,  under  this  section,  to 
transit  permits  issued  severally  by  Boards  of  Health  of 
cities,  towns  or  villages  in  the  State  of  New  York,  or  by 
Boards  of  Health  that  may  be  hereafter  organized,  pursuant 
to  Laws  of  the  State  of  New  York,  or  when  issued  by  the 
Health  Officer  of  any  such  city,  town  or  village,  as  to  a 
transit  permit  issued  from  this  board,  when  the  death  of 
the  person  named  in  the  permit  shall  have  occurred  in  the 
city,  town  or  village  from  which  such  permit  shall  have 
been  issued. 

And  provided  that  the  same  effect  shall  be  given,  under 
this  section,  to  a  transit  permit  issued  under  the  laws  of 
th£)  State  of  New  Jersey,  as  to  a  transit  permit  issued  from 
this  board;  subject,  nevertheless,  in  every  case  to  all  the 
care,  precautions  and  diligence  prescribed  by  the  rules  and 
regulations  of  this  department.  And  provided,  that  the 
same  effect  be  given,  under  this  section,  to  a  transit  permit 
issued  under  the  laws  of  the  State  of  Connecticut,  as  to  a 
transit  permit  from  this  board;  subject,  nevertheless,  in 
every  case,  to  all  the  care,  precautions  and  diligence  pre- 
scribed by  the  rules  and  regulations  of  this  department. 
(Id.,  sec.  163.) 

§  164.  No  person  shall  retain,  expose  or  allow  to  be 
retained  or  exposed,  the  dead  body  of  any  human  being  to 
the  peril  or  prejudice  of  the  life  or  health  of  any  person. 
(Id.,  sec.  164.) 

§  165.    No  person  shall  allow  to  be  retained  unburied  the 
dead  body  of  any  human  being  for  a  longer  time  than  four 
days,  or  where  death  has  resulted  from  smallpox,  diphtheria 
11 


162  CODE   OF   OEDINANCES   OF   THE   CITY   OF  NEW  YORK. 

(croup),  scarlet  fever,  yellow  fever,  typhus  fever,  plague, 
Asiatic  cholera  or  measles,  for  a  longer  time  than  tvi^enty- 
four  hours,  after  death  of  such  person,  without  a  permit 
from  the  Sanitary  Superintendent  or  an  Assistant  Sanitary 
Superintendent,  which  permit  shall  specify  the  length  of 
time  during  which  such  body  may  be  retained  unburied. 
This  ordinance  shall  not  apply  to  bodies  retained  in  any 
public  morgue  in  The  City  of  New  York.     (Id.,  sec.  165.) 

§  166.  It  shall  be  the  duty  of  every  person  who  has  dis- 
covered or  seen  the  body  of  a  dead  human  being,  or  any 
part  thereof  (if  there  is  reason  for  such  person  to  think 
that  the  fact  of  the  death,  or  the  place  of  such  body,  or 
part  thereof,  is  not  publicly  known),  to  immediately  com- 
mimicate  to  the  Bureau  of  Records  the  fact  of  such  discovery 
of  such  body,  the  place  where,  and  time  when,  the  same 
was  discovered  or  seen,  and  where  the  same  is  or  may  be 
found,  and  any  facts  known  by  which  said  body  may  be 
identified,  or  the  cause  of  death  ascertained.     (Id.,  sec.  166.) 

Cemeteries. 

§  167.  No  interment  of  the  dead  body  of  any  human 
being,  or  disposition  thereof  in  any  tomb,  vault,  crematory 
or  cemetery  shall  be  made  within  The  City  of  New  York 
without  a  permit  therefor  granted  by  the  Board  of  Health, 
nor  otherwise  than  in  accordance  therevdth,  and  said  dead 
body  shall  be  placed  in  a  metallic  or  tin-lined  box,  or  a  box 
so  constructed  as  to  prevent  the  issuance  of  any  Jiquids 
therefrom;  and  no  sexton  or  other  person  shall  assist  in, 
or  assent  to,  or  allow  any  such  interment,  or  aid  or  assist 
about  preparing  any  grave  or  place  of  deposit  for  any  such 
body,  or  assist  in  the  cremation  of  the  same,  for  which  such 
permit  has  not  been  given  authorizing  the  same.  And  it 
shall  be  the  duty  of  every  person  who  shall  receive  any 
such  permit,  to  preserve  and  to  return  the  same  to  this 
department,  as  its  regulations  may  require.     (Id,,  sec.  167.) 

§  168.  No  new  crematory,  burying  ground,  tomb  or  vault 
for  dead  human  bodies  shall  be  established,  nor  shall  the 
remains  of  any  dead  body  be  placed  in  any  existing  burying 
ground,  vault,  tomb  or  cemetery  in  The  City  of  New  York, 
nor  any  of  said  receptacles  be  opened,  exposed  or  disturbed, 
except  according  to  the  terms  of  a  permit  therefor  given 
by  the  Board  of  Health,  and  every  body  buried  in  any  such 
place  shall  be  buried  to  the  depth  of  six  feet  below  the 
surface  of  the  ground,  and  four  feet  below  any  closely 
adjacent  street,  except  that  in  the  Borough  of  Queens  a 
body  may  be  buried  to  the  depth  of  three  feet  below  the 
surface  of  the  ground. 

No  food,  beverage  or  other  article  for  human  consump- 
tion shall  be  sold,  exposed  or  offered  for  sale  in  any  ceme- 
tery or  burying  ground  within  The  City  of  New  York, 
(Id.,  sec.  168.) 


CODE  OF  ORDINANCES  OF  THE   CITY  OF  NEW  YORK.  103 

§  169.  Every  person  who  acts  .as  a  sexton  or  undertaker 
in  The  City  of  New  York,  or  has  the  charge  or  care  of  any 
crematory,  vault,  tomb,  burying-  ground,  or  cemetery  for 
the  reception  of  the  dead,  or  where  the  bodies  of  any  human 
beings  are  deposited,  shall  cause  his  or  her  name  and  resi- 
dence, and  the  nature  of  his  or  her  charge  and  duties  to  be 
registered  with  this  department.     (Id.,  sec.  169.) 

§  170.  Every  sexton  and  other  person  having  charge  of 
any  crematory,  burying  ground,  cemetery,  tomb  or  vault 
in  The  City  of  New  York,  shall,  before  twelve  o'clock  on 
Monday  of  each  week,  make  return  to  this  department  of 
the  bodies  and  persons  buried  or  cremated  since  their  last 
return,  and  in  such  form,  and  specifying  such  particulars,  as 
the  special  regulations  of  this  department  shall  require. 
(Id.,  sec.  170.) 

Coroners, 

§  171.  At  least  two  hours  before  the  holding  of  any 
inquest  within  The  City  of  New  York  upon  a  dead  body,  the 
Coroner  who  has  been  notified  of  any  death,  or  who  may 
propose  or  intend  to  hold  such  inquest,  shall  transmit  and 
cause  to  be  delivered  to  the  Bureau  of  Records  written 
notice  containing  the  following  facts  so  far  as  known  or 
reported  to  any  such  Coroner: 

1.  The  fact  of  any  such  call  for  the  holding  of  an  inquest, 
and  by  whom  made,  and  when  and  from  whom  received  by 
the  Coroner. 

2.  The  place  (giving  the  street  and  street  number,  and  if 
there  be  none,  then  other  particulars)  where  the  body  is. 

3.  What  is  reported  to  be  the  cause  of  the  death. 

4.  When  and  where  the  death  took  place,  and  where  the 
body  has  since  been. 

5.  When  and  where  he  proposes  to  hold  the  inquest, 
giving  the  street,  the  street  number  (or  otherwise  suffi- 
ciently designating  such  place),  and  the  hour. 

6.  What  physician,  or  physicians,  or  other  professional 
person  last  attended  such  deceased  person,  or  attended  such 
person  within  forty-eight  hours  of  such  decease. 

At  any  time  after  the  commencement  of  any  inquest  the 
Coroner  holding  or  who  should  hold,  or  who  held  such 
inquest,  shall  within  twelve  hours  after  the  receipt  of  a 
written  request  so  to  do  from  the  Sanitary  Superintendent, 
answer  in  writing  such  of  the  following  or  such  other  ques- 
tions as  may  be  propounded  to  him  by  the  said  Sanitary 
Superintendent  to  the  best  of  his  knowledge,  information 
and  belief. 

Report  of  Coroner  (here  insert  Coroner's  name)  upon  the 
body  of  (here  fill  in  name  and  description  of  deceased),  on 
the  (here  fill  in  year,  month  and  day),  at  (here  mention 
street  and  number). 

1.  What  was  the  age,  sex  and  last  occupation,  residence 
and  nativity  of  such  deceased  person? 


164  CODE   OF   ORDINAJNCES   OF  THE   CITY   OF  NEW   YOKK. 

2.  At  what  house  or  place,  and  in  or  near  what  street 
or  avenue,  at  what  number  herein  did  such  deceased  per- 
son die? 

3.  If  such  deceased  person  died  of  any  poison,  when  and 
where  was  the  same  administered,  and  what  was  the  kind 
of  poison? 

4.  If  such  deceased  person  died  of  violence,  when  and 
where  was  the  same  committed,  and  upon  what  part  of  the 
body  and  organs,  and  of  what  did  it  consist? 

5.  If  such  deceased  person  died  of  any  other  cause,  state 
such  cause,  and  when  and  where  the  cause  took  effect  upon 
or  was  received  by  the  deceased? 

6.  Who  was  last  in  care  of  or  with  such  deceased  person, 
and  at  what  place  and  at  what  time  before  death,  and  when, 
giving  the  full  name  and  residence  of  each  such  person? 

7.  What  were  the  name  and  residence  of  the  physician 
and  persons  who  last  attended,  and  of  each  physician  and 
person  who  within  forty-eight  hours  of  such  death  attended 
upon  such  deceased  person,  and  where  did  he  so  attend; 
and  whether  said  physician  was  notified  of  or  attended  and 
was  examined  at  such  inquest? 

8.  The  times,  places  and  dates  of  holding  the  inquest, 
and  the  names  and  residences  by  street  number  of  the 
jurors  and  witnesses  that  attended,  and  dates  of  their 
attendance,  and  when  and  where  the  body  of  the  deceased 
was  present  at  such  inquest? 

9.  Was  any  post-mortem  examination  made,  and  if  so, 
when,  where  and  by  whom,  and  who  was  present  thereat? 

It  shall  be  the  duty  of  all  Coroners  in  said  city  to  make 
return  to  the  Bureau  of  Records  of  all  inquisitions  by  them 
taken,  except  when  by  law  such  inquests  are  required  to  be 
filed  elsewhere,  and  such  return  shall  include  the  evidence 
taken  on  such  inquest,  and  the  verdict  of  the  jury,  and  the 
full  names  and  residences  of  the  several  jurymen. 

And  in  all  cases  where  the  inquest  may  be  required  by  law 
to  be  filed  elsewhere  such  Coroner  shall  make  return  to  said 
bureau  of  a  copy  of  such  inquest,  including  a  copy  of  such 
evidence  and  verdict;  and  all  such  returns  shall  be  made 
within  forty-eight  hours  after  the  holding  of  any  and  every 
inquest.     (Id.,  sec.  171.) 

Railroad  Cars. 

§  172.  No  railroad  car  constructed  for  or  used  in  carry- 
ing passengers  for  hire  on  any  line  of  railroad,  either  sur- 
face or  elevated,  in  The  City  of  New  York,  except  cars  run 
in  trains  and  entering  The  City  of  New  York  from  without 
the  limits  of  said  city,  shall  be  used  with  cloth  or  cloth 
cushions  on  the  seats  or  on  the  back  of  seats,  or  with  textile 
fabrics  on  the  floor  thereof.     (Id.,  sec.  172.) 

§  173.  Each  and  every  car  used  upon  any  railroad  in  The 
City  of  New  York  for  the  carrying  of  passengers  shall,  on 
each  and  every  day  on  which  it  may  be  used,  be  carefully 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  165 

and  thoroughly  cleaned  so  that  all  refuse,  dirt  and  filth 
may  be  removed  from  the  inside  of  said  car.     (Id.,  sec.  173.) 

§  174.  No  person  shall  at  any  time  carry  or  convey  in  or 
upon  any  passeng-er  railroad  car,  nor  shall  any  conductor  or 
person  in  charge  of  any  such  railroad  car  permit  or  allow 
to  be  carried  or  conveyed  in  or  upon  such  car,  except  on  the 
front  platform  thereof,  any  soiled  or  dirty  articles  of  cloth- 
ing or  bedding.     (Id.,  sec.  174.) 

§  175.  Every  car  used  for  the  carrying  of  passengers  in 
The  City  of  New  York  shall  be  constructed  so  as  to  pro- 
vide and  secure  at  all  times  good,  adequate  and  sufficient 
ventilation.     (Id.,  sec.  175.) 

§  176.  Every  company,  corporation  or  person  operating  a 
line  of  railroad  cars  for  the  carriage  of  passengers  for  hire 
in  The  City  of  New  York  shall,  in  connection  with  the  run- 
ning and  operation  of  cars  as  aforesaid,  have  and  provide 
closed  cars  to  be  run  on  said  railroad;  and  at  all  times  shall 
have,  provide  and  operate  at  least  one  closed  car  in  every 
fours  cars  so  operated  and  run  for  the  carriage  of  pas- 
sengers as  aforesaid.     (Id.,  sec.  176.) 

§  177.  No  conductor,  driver^  gripman  or  motorman  of 
any  railroad  car  or  other  vehicle  running  on  tracks  in  The 
City  of  New  York  shall  permit,  allow  or  cause  the  same  to 
be  run,  pulled,  drawn  or  propelled  on  or  around  any  curve 
on  the  surface  of  anj"-  public  street  or  avenue  of  said  city 
unless  the  means  and  appliances  by  which  said  car  is  oper- 
ated and  controlled  are  of  such  character  and  efficiency 
that  the  movement  of  said  car  is  entirely  and  at  all  times 
under  absolute  control,  so  that  the  car  can  be  stopped  at 
will  at  any  point  of  said  curve,  and  be  held  motionless  upon 
it  or  be  moved  upon  it  or  around  it  at  any  desired  rate  of 
speed  less  than  the  maximum  speed  of  operation;  and  no 
person,  corporation,  superintendent  or  other  person  who  is 
interested  in  or  who  owns  or  has  the  management  and  con- 
trol of  any  such  car  or  vehicle,  shall  permit  it  to  be  so 
run,  pulled,  drawn  or  propelled,  or  placed  in  service,  unless 
proporly  provided  with  means  and  appliances  as  aforesaid. 
No  conductor,  driver,  gripman  or  motorman  of  any  railroad 
car  or  other  vehicle  running  on  tracks  in  The  City  of  New 
York,  shall  permit,  allow  or  cause  the  same  to  be  run, 
pulled,  drawn  or  propelled  on  or  around  any  curve  on  the 
surface  of  any  public  street  or  avenue  at  a  rate  of  speed 
which  is  dangerous  or  detrimental  to  life;  and  no  person, 
corporation,  superintendent  or  other  person  who  is  inter- 
ested in  or  who  owns  or  has  the  management  and  control 
of  any  such  car  or  vehicle  shall  permit  it  to  be  so  run, 
pulled,  drawn  or  propelled.     (Id.,  sec.  177.) 

Spitting. 

§  178.  Spitting  upon  the  sidewalk  of  any  public  street, 
avenue,  park,  public  square  or  place,  in  The  City  of  New 
York,  or  upon  the  floor  of  any  hall  in  any  tenement  house 


1G6  CODE  OF  ORDINA^^CES  OF  THE   CITY  OF  NEW  YORK. 

which  is  used  in  common  by  the  tenants  thereof,  or  upon 
the  floor  of  any  hall  or  office  in  any  hotel  or  lodging  house 
which  is  used  in  common  by  the  guests  thereof,  or  upon 
the  floor  of  any  theatre,  store,  factory  or  of  any  building 
which  is  used  in  common  by  the  public,  or  upon  the  floor 
of  any  ferryboat,  railroad  car  or  other  public  conveyance,  or 
upon  the  floor  of  any  ferry  house,  depot  or  station,  or  upon 
the  station  platform  or  stairs  of  any  elevated  railroad  or 
other  common  carrier,  is  hereby  forbidden. 

The  corporation  or  persons  owning  or  having  the  manage- 
ment or  control  of  any  such  building,  store,  factory,  ferry- 
boat, railroad  car  or  other  public  conveyance,  ferry  house, 
depot  or  station,  station  platform  or  stairs  of  any  elevated 
railroad  or  other  common  carrier,  are  hereby  required  to 
keep  permanently  posted  in  each  of  said  places  a  sufficient 
number  of  notices  forbidding  spitting  upon  the  floors  and 
calling  attention  to  the  provisions  of  this  section. 

The  corporations  or  persons  owning  or  having  the  man- 
agement or  control  of  such  buildings,  stores,  factories,  ferry- 
boats, ferry  houses,  depots,  stations,  station  platforms  or 
stairs  of  any  elevated  railroad  or  other  common  carrier  are 
hereby  required  to  provide  sufficient  and  proper  receptacles 
for  expectoration,  and  also  to  provide  for  the  cleansing  and 
disinfection  of  said  receptacles  at  least  once  every  tweuty- 
four  hours;  and  spitting  into  the  street  from  the  cars, 
stairs,  or  platforms  of  the  elevated  railroads  is  hereby 
forbidden. 

It  is  hereby  made  the  duty  of  every  corporation  or  person 
engaged  in  the  manufacture  of  cigars,  cigarettes  or  tobacco, 
or  conducting  the  business  of  printing  in  The  City  of  New 
York,  where  ten  or  more  persons  are  employed,  on  the 
premises,  to  provide  proper  receptacles  for  expectoration. 
Such  receptacles  are  to  be  in  proportion  of  one  for  every 
two  persons  so  employed,  and  they  are  to  be  cleansed  and 
disinfected  at  least  once  every  twenty-four  hours. 

A  copy  of  the  preceding  paragraph  must  be  loept  posted 
in  a  conspicuous  place  in  every  factory  or  printing  office 
mentioned  therein.  (Id.,  sec.  178.  Amend,  by  res.  passed 
April  11,  1906,  infra.) 

Barl)er  Shops. 

§  179.  Every  barber  shop  in  The  City  of  New  York  shall 
be  conducted  in  accordance  with  regulations  adopted  from 
time  to  time  by  the  Board  of  Health.  A  copy  of  such  regni- 
lations  must  be  posted  in  a  conspicuous  place  in  every  such 
barber  shop.     (Id.,  sec.  179.) 

Noise. 

§  180.  No  person  owning,  occupying,  or  having  charge  of 
any  building  or  premises,  shall  keep  or  allow  thereon  or 
therein  any  animal  or  bird,  which  shall  by  noise  disturb  the 
quiet  or  repose  of  any  person  therein  or  in  the  vicinity,  to 


CODE   OF   ORDINANCES  OF  THE  CITY   OF  NEW  YORK.  167 

the  detriment  of  the  life  or  health  of  any  human  being. 
(Id.,  sec.  180.) 

Notes. 

Pleading,  Evidence.—  The  Sanitary  Code,  like  all  ordinances, 
must  be  pleaded  and  proved  as  a  matter  of  fact  to  be  used  in  evi- 
dence. The  court  will  not  take  judicial  notice  of  ordinances.  Bos- 
ton vs.  Abraham,  91  App.  Div.  417;  City  of  New  York  vs.  Knicker- 
bocker Trust  Co.,  104  App.  Div.  223;  Met.  Milk  Co.  vs.  City  of 
N.  Y.,  98  N.  Y.  Supp.  894;  Dept.  of  Health  vs.  City  R.  E.  Invest.  Co., 

86  N.  Y.  Supp.  18. 

Abating  Nuisance.—  Sec.  1179,  L.  1901,  ch.  466,  gives  Board  of 
Health  power  to  abate  any  building  which  it  deems  a  nuisance, 
and  sec.  1300  prescribes  the  procedure.  The  right  to  destroy  a 
building  summarily  is,  if  granted  by  statute,  valid.  Egan  vs. 
Health  Dept.,  9  App.  Div.  431;  Van  Wormer  vs.  Mayor  Albany,  15 
Wend.  262;  Cartwright  vs.  City  of  Cohoes,  39  App.  Div.  69;  Smith 
vs.  Irish,  37  App.  Div.  220;  but  the  necessity  for  such  an  abatement 
is  a  question  of  fact  which  will  be  reviewed  by  the  courts. 
Health  Dept.  vs.  Dassori,  159  N.  Y.  245;  People  ex  rel.  Copcutt  vs. 
Board  of  Health  Yonk"rs,  140  N.  Y.  1.  As  to  powers  of  board,  see 
People  ex  rel.  Savage  vs.  Board  of  Health.  33  Barb.  344.  An  order 
abating  a  nuisance  must  be  specific.  Rogers  vs.  Baker,  31  Barb. 
447.  Such  an  order  is  in  its  nature  judicial  and  prima  facie,  is 
deemed  just  and  legal,  but  are  not  conclusive.  Golden  vs.  Health 
Dept.  of  N.  Y.,  21  App.  Div.  420;  Village  of  Flushing  vs.  Carraher, 

87  Hun,  63.  And  while  a  board  may  abate  a  nuisance,  it  cannot 
erect  anything  new  which  is  not  necessary  to  abate.  Haag  vs. 
City  Mt.  Vernon,  41  App.  Div.  366. 

Constitutional.—  See  notes  under  sec.  1,  supra.  A  law  to  preserve 
the  public  health  may  be  constitutional  even  though  it  requires 
expense  of  a  citizen  coming  within  its  provisions  without  previous 
notice  and  a  hearing.     Eckhardt  vs.  City  Buffalo,  19  App.  Div.  1. 

Liabilities  of  Health  Othcers.—  As  to  liabilities  of  health  officers 
in  destroying  property  for  rights  and  remedies,  see  Sbarboro  vs. 
Health  Dept.  N.  Y.,  26  App.  Div.  177;  Golden  vs.  Health  Dept. 
N.  Y.  21  App.  Div.  420;  Underwood  vs.  Green,  42  N.  Y.  140;  Egan 
vs.  Health  Dept.  N.  Y.,  9  App.  Div.  431. 

Penalties.—  The  usual  remedy  for  a  violation  of  a  provision  in 
the  Sanitary  Code  is  a  suit  to  recover  a  penalty  of  fifty  dollars 
under  Laws  1897,  chapter  378,  sec.  1172.  The  revised  charter,  L,  1901, 
ch.  466,  sec.  1172,  continued  this  provision  in  force.  By  the  same 
sections  any  violation  of  the  Sanitary  Code  may  be  treated  and 
punished  as  a  misdemeanor.  The  penalty  for  violating  an  order 
of  Department  of  Health  is  $250,  and  the  wilful  refusal  is  a  mis- 
demeanbr.  L.  1901,  ch.  466,  sec.  1262.  All  suits  must  be  brought  in 
name  of  the  "  Dept.  of  Health  of  The  City  of  New  York." 
L.  1901,  ch.  466,  sec.  1192. 


Chapter  15. —  The  Building  Code. 

The  following  sections  re-enact  practically  without  change  the 
Building  Code  in  force  at  the  time  of  the  passage  of  this  Code  of 
Ordinances.  It  embodies  the  Building  Code  approved  by  the  Mayor 
on  Oct.  24,  1899,  as  amended  by  a  few  subsequent  ordinances.  The 
power  to  enact  a  Building  Code  is  vested  in  the  municipal  authori- 
ties by  section  647  of  the  Greater  New  York  Charter.  (L.  1897, 
ch.  378.)  The  commission  of  experts  which  was  authorized  to  pre- 
pare the  Code  took  as  the  basis  for  the  work  the  Laws  of  1882, 
chapter  410,  which  codified  the  law  under  the  former  City  of  New 
York;  the  Laws  of  1888,  chapter  583,  which  codified  the  building 
laws  of  t-he  former  City  of  Brooklyn,  and  the  Laws  of  1894,  chapter 
481.  The  Revised  Charter,  L.  1901,  ch.  466,  sec.  43,  explicitly  confers 
ample  general  powers  on  the  Board  of  Aldermen  to  "  make,  estab- 
lish, alter,  modify,  amend  and  repeal  all  ordinances,  rules  and 
•  •  *  building  regulations,"  etc.,  and  section  407  expressly  con- 
tinues in  force  the  Building  Code  in  force   on  January  l,   1902, 


168  CODE  OF   ORDINANCES   OF  THE   CITY   OF  NEW   YORK. 

Many  of  the  old  laws  are  now  superseded  by  the  Tenement  House 
Act. 

The  Building  Code  in  force  May  1,  1904,  made  a  chapter  of  the 
City  Ordinances  by  L.  1904,  ch.  628,  sec.  2.  It  can  be  amended  by 
the  Board  of  Aldermen  under  sec.  407,  L.  1901,  ch.  466.  Such 
ordinances  so  passed  have  same  effect  as  an  act  of  the  Legisla- 
ture. City  of  N.  Y.  vs.  Trustees  Sailors'  Snug  Harbor,  85  App. 
Div.  355. 

Part  1. —  Short  Title  of  this  Ordinance. 

A  REMEDIAL  ORDINANCE. 

§  1.  This  ordmance  to  be  known  and  cited  as  the 
Building  Code,  and  presumptively  contains  the  Building 
Lavs^,  except  so  far  as  such  provisions  are  contained  in  the 
Charter.  The  following  provisions  shall  constitute  and  be 
known  as  the  Building  Code  and  may  be  cited  as  such,  and 
presumptively  provides  for  all  matters  concerning,  affecting 
or  relating  to  the  construction,  alteration  or  removal  of 
buildings  or  structures  erected  or  to  be  erected  in  The 
City  of  New  York,  as  constituted  by  the  Greater  New  York 
Charter,  except  so  far  as  such  provisions  are  contained  in 
said  Charter.     (Ord.  app.  Oct.  24,  1899,  sec.  1.) 

§  2.  Building  Code  to  be  Construed  Liberally. —  This 
ordinance  is  hereby  declared  to  be  remedial,  and  is  to  be 
construed  liberally  to  secure  the  beneficial  interests  and 
purposes  thereof.     (Id.,  sec.  2.    See  L.  1892,  ch.  275,  sec.  45.) 

Part  2. —  Preliminary  Requirements. 

§  3.  New  Buildings  and  Buildings  to  be  Altered. —  No 
wall,  structure,  building  or  part  thereof  shall  hereafter  be 
built  or  constructed,  nor  shall  the  plumbing  or  drainage  of 
any  building,  structure  or  premises  be  constructed  or  altered 
in  The  City  of  New  York,  except  in  conformity  with  the  pro- 
visions of  this  Code.  No  building  already  erected,  or  here- 
after to  be  built,  in  said  city,  shall  be  raised,  altered,  moved 
or  built  upon  in  any  manner  that  would  be  in  violation  of 
any  of  the  provisions  of  this  Code,  or  the  approval  issued 
thereunder.  (Id.,  sec.  3,  rev.  from  L.  1882,  ch.  410,  sec.  471,  as 
amend.) 

§  4.  Filing  Plans  and  Statements. —  Before  the  erection, 
construction  or  alteration  of  any  building  or  part  of  any 
building,  structure  or  part  of  any  structure  or  wall,  or  any 
platform,  staging  or  flooring  to  be  used  for  standing  or 
seating  purposes,  and  before  the  construction  or  alteration 
of  the  plumbing  or  drainage  of  any  building,  structure  or 
premises  is  commenced,  the  owner  or  lessee,  or  agent  of 
either,  or  the  architect  or  builder  employed  by  such  owner 
or  lessee  in  connection  with  the  proposed  Erection  or  altera- 
tion, shall  submit  to  the  Commissioner  of  Buildings  for  the 
borough  in  which  the  premises  are  situated,  a  detailed  state- 
ment in  triplicate  of  the  specifications,  on  appropriate 
blanks  to  be  furnished  to  applicants  by  the  Department  of 
Building's,  and  a  full  and  complete  copy  of  the  plans  of  such 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  100 

proposed  work,  and  such  structural  detail  drawings  of  said 
proposed  work  as  the  Commissioner  of  Buildings  having  jur- 
isdiction may  require,  all  of  which  shall  be  accompanied  with 
a  statement  in  writing,  sworn  to  before  a  Notary  Public  or 
Commissioner  of  Deeds,  giving  the  full  name  and  residence, 
street  and  number,  of  the  owner,  or  of  each  of  the  owners 
of  said  building,  or  proposed  building,  structure  or  proposed 
structure,  premises.  Avail,  platform,  staging  or  flooring.  If 
such  erection,  construction  or  alteration,  plumbing  or  drain- 
age or  the  alteration  thereof,  is  proposed  to  be  made  or 
executed  by  any  other  person  than  the  owner  or  owners  of 
the  land  in  fee,  the  person  or  persons  intending  to  make 
such  erection  or  alteration,  or  to  construct  such  plumbing 
or  drainage,  shall  accompany  said  detailed  statement  of  the 
specifications  and  copy  of  the  plans  with  a  statement  in 
writing,  sworn  to  as  aforesaid,  giving  the  full  name  and 
residence,  street  and  number,  of  the  owner  or  owners  of  the 
land,  or  proposed  building,  structure  or  proposed  structure, 
premises,  wall,  platform,  staging  or  flooring  either  as  owner, 
lessee  or  in  any  representative  capacity,  and  that  he  or  they 
are  duly  authorized  to  perform  said  work.  Such  statement 
may  be  made  by  the  agent  or  architect  of  the  person  or 
persons  hereinbefore  required  to  make  the  same.  Any  false 
swearing  in  a  material  point  in  any  statement  submitted  in 
pursuance  of  the  provisions  of  this  section  shall  be  deemed 
perjury,  and  shall  be  punishable  as  such.  Said  sworn  state- 
ment and  detailed  statement  of  specifications  and  copy  of 
the  plans  shall  be  kept  on  file  in  the  oflice  of  the  Commis- 
sioner of  Buildings  for  the  borough  where  the  premises  to 
which  they  relate  are  situated,  and  the  erection,  construc- 
tion or  alteration  of  said  building,  structure,  wall,  platform, 
staging  or  flooring,  or  any  part  thereof,  and  the  construc- 
tion or  alteration  of  the  said  plumbing  or  drainage,  shall 
not  be  commenced  or  proceeded  with  until  said  statements 
and  plans  shall  have  been  so  filed  and  approved  by  the  said 
Commissioner  of  Buildings,  and  the  erection,  construction 
or  alteration  of  such  building,  structure,  platform,  staging 
or  flooring,  and  the  construction  or  alteration  of  such 
plumbing  or  drainage  when  proceeded  with  shall  be  con- 
structed in  accordance  with  such  approved  detailed  state- 
ment of  specifications  and  copy  of  plans.  Nothing  in  this 
section  shall  be  construed  to  prevent  a  Commissioner  of 
Buildings  from  granting  his  approval  for  the  erection  of  any 
part  of  a  building,  or  any  part  of  a  structure,  where 
plans  and  detailed  statements  have  been  presented  for  the 
same  before  the  entire  plans  and  detailed  statements  of 
said  building  or  structure  have  been  submitted.  Any 
approval  which  may  be  issued  by  a  Commissioner  of  Build- 
ings, pursuant  to  the  provisions  of  this  section,  but  under 
which  no  work  is  commenced  within  one  year  from  the  time 
of  issuance,  shall  expire  by  limitation.  Ordinary  repairs 
of  buildings  or  structures,  or  of  the  plumbing  and  drainage 


170  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

thereof,  may  be  made  without  notice  to  the  Department  of 
Building's,  but  such  repairs  shall  not  be  construed  to  include 
the  cutting-  away  of  any  stone  or  brick  wall,  or  any  portion 
thereof,  the  removal  or  cutting  of  any  beams  or  supports, 
or  the  removal,  change  or  closing  of  any  staircase,  or  the 
alteration  of  any  house  sewer  or  private  sewer  or  drainage 
system,  or  the  construction  of  any  soil  or  waste  pipe.  The 
f  oreg-oing  provisions  and  all  the  provisions  of  this  Code  shall 
apply  with  equal  force  to  buildings,  both  municipal  and 
private.  It  shall  be  the  duty  of  the  Commissioner  of  Build- 
ing's having-  jurisdiction,  to  approve  or  reject  any  plan  filed 
with  him  pursuant  to  the  provisions  of  this  section  within 
a  reasonable  time.  (Id.,  sec.  4,  rev.  from  Lu  1882,  ch.  410, 
§  503,  as  amend.) 

This  section  must  be  complied  with,  even  where  a  building  is 
being  erected  for  the  State.  City  of  N.  Y.  vs.  Burleson  Hardware 
Co.,  89  App.  Div.  222. 

§  5.  Demolishing  Building-s. —  When  plans  and  detailed 
statements  are  filed  in  the  Department  of  Building-s  for  the 
erection  of  a  new  building,  if  an  existing-  building  or  part  of 
an  existing  building  is  to  be  demolished,  such  fact  shall  be 
stated  In  the  statement  so  filed. 

In  demolishing  any  building,  story  after  story  shall  be 
completely  removed.  No  material  shall  be  placed  upon  the 
floor  of  any  such  building  in  the  course  of  demolition,  but 
the  brick,  timbers  and  other  structural  parts  of  each  story 
shall  be  lowered  to  the  ground  immediately  upon  displace- 
ment. The  owner,  architect,  builder  or  contractor  for  any 
building,  structure,  premises,  wall,  platform,  staging  or 
flooring  to  be  demolished  shall  g^ve  not  less  than  twenty- 
four  hours'  notice  to  the  Department  of  Buildings  of  such 
intended  demolition.     (Id.,  sec.  5.) 

Part  3.—  Definitions. 

§  6.  Measurement  Of  Height  for  Buildings  and  Walls. — 
The  height  of  buildings  shall  be  measured  from  the  curb 
level  at  the  centre  of  the  front  of  the  building  to  the  top- 
of  the  highest  point  of  the  roof  beams  In  the  case  of  flat 
roofs,  and  for  high-pitched  roofs  the  average  of  the  height 
of  the  gable  shall  be  taken  as  the  highest  point  of  the 
building. 

In  case  a  wall  is  carried  on  iron  or  steel  girders  or  iron  or 
steel  girders  and  columns,  or  piers  of  masonry,  the  measure- 
ments, as  to  height  for  the  wall,  may  be  taken  from  the  top 
of  such  girder. 

When  the  walls  of  a  structure  do  not  adjoin  the  street, 
then  the  average  level  for  the  ground  adjoining  the  walls 
may  be  taken  instead  of  the  street  curb  level  for  the  height 
of  such  structure.  (Id.,  sec.  6,  rev.  from  L.  1882,  ch.  41  \ 
§  482,  as  amend.) 

§  7.  Measurement  for  Width  of  Buildings. —  For  the  pn"- 
poses  of  this  Code,   the  greatest  linear  dimension   cf   ;.../ 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  171 

building-  shall  be  considered  its  length  and  the  next  greatest 
linear  dimension  its  width.  (Id.,  sec.  7,  rev.  from  L.  1882, 
ch.  410,  §  482.) 

§  8.  Private  Dwellings,  Definition  of. —  A  private  dwelling 
shall  be  taken  to  mean  and  include  every  building  which 
shall  be  intended  or  designed  for,  or  used  as,  the  home  or 
residence  of  not  more  than  two  separate  and  distinct 
families  or  households,  and  in  which  not  more  than  fifteen 
rooms  shall  be  used  for  the  accommodation  of  boarders,  and 
no  part  of  which  structure  is  used  as  a  store  or  for  any 
business  purpose.  Tvn'o  or  more  such  dwellings  may  be 
connected  on  each  story  when  used  for  boarding  purposes, 
provided  the  halls  and  stairs  of  each  house  shall  be  left 
unaltered.  Any  such  building  hereafter  erected  shall  not 
cover  more  than  ninety  per  cent  of  the  lot  area.  (Id, 
sec.  8.) 

§  9.  Apartment  Houses,  Definition  of. —  An  apartment 
house  shall  be  taken  to  mean  and  include  every  building 
which  shall  be  intended  or  designed  for,  or  used  as,  the 
home  or  residence  of  three  or  more  families  or  households, 
living  independently  of  each  other,  and  in  which  every  such 
family  or  household  shall  have  provided  for  it  a  kitchen,  set 
bathtub  and  water  closet,  separate  and  apart  from  any 
other.  Any  such  building  hiireafter  erected  shall  not  cover 
any  greater  percentage  of  a  lot  than  is  lawful  to  be  covered 
by  a  tenement  house,  and  the  requirements  for  light  and 
ventilation  for  a  tenement  house  shall  also  apply  to  an 
apartment  house.     (Id.,  sec.  9.) 

See  Dept.  Bldg.  vs.  Fuld,  12  App.  Div.  258. 

§  10.  Hotel,  Definition  of. —  A  hotel  shall  be  taken  to 
mean  and  include  every  building,  or  part  thereof,  intended, 
designed  or  used  for  supplying  food  and  shelter  to  residents 
or  guests,  and  having  a  general  public  dining-room  or  a 
cafe,  or  both,  and  containing  also  more  than  fifteen  sleeping 
rooms  above  the  first  story.  Whenever  any  such  building 
hereafter  erected  shall  be  located  on  any  other  than  a 
corner  lot  or  plot,  it  shall  not  cover  in  the  aggregate  more 
than  ninety  per  cent,  of  the  area  of  such  lot  or  plot  at  and 
above  the  second  story  level,  if  not  more  than  five  stories 
in  height,  and  two  and  one-half  per  cent,  less  for  every 
additional  story  in  height;  and  on  a  corner  lot,  when  cover- 
ing an  area  of  not  more  than  3,000  square  feet,  it  shall  not 
occupy  more  than  ninet^y-five  per  cent,  of  the  area  of  such 
lot  at  and  above  the  second  story  level.  In  case  any  such 
building  is  to  occupy  a  number  of  lots,  the  Commissioner 
of  Buildings  having  jurisdiction  may  allow  the  free  air 
space,  proportioned  as  herein  stated,  to  be  distributed  in 
such  manner  as,  in  his  opinion,  will  equally  as  well  secure 
light  and  ventilation.     (Id.,  sec.  10.) 

§  11.  Office  Buildings,  Definition  of. —  An  office  building 
shall  be  taken  to  mean  and  include  every  building  which 
shall  be  divided  into  rooms  above  the   first  story,   and  be 


172  CODE   OF   ORDINANCES   OF   THE   CITY   OF  NEW   YORK. 

intended  and  used  for  business  purposes,  and  no  part  of 
which,  shall  be  used  for  living  purposes,  excepting  only  for 
the  janitor  and  his  family. 

Office  buildings  when  not  erected  on  a  corner  shall  not 
cover  more  than  ninety  per  cent,  of  the  lot  area  at  and 
above  the  second  story  floor  level.     (Id.,  sec.  11.) 

§  12.  Frame  Buildings,  Definition  of. —  A  frame  building 
shall  be  taken  to  mean  a  building  or  structure  of  which  the 
exterior  walls  or  a  portion  thereof  shall  be  constructed  of 
wood.  Buildings  sheathed  with  boards,  and  partially  or  en- 
tirely covered  v^dth  four  inches  of  brickwork,  shall  be 
deemed  to  be  frame  buildings.  Wood  frames  covered  with 
metal  shall  be  deemed  to  be  wood  structures.     (Id.,  sec.  12.) 

"  Piazza "  held  to  be  a  building  as  to  law  regulating  building 
materials.     Fire  Dept.  vs.  Buffum,  2  E.  D.  Smith,  511. 

Part  4. —  Quality  of  Materials. 

§  13.  Brick. —  The  brick  used  in  all  buildings  shall  be 
good,  hard,  well  burnt  brick. 

When  old  brick  are  used  in  any  wall  they  shall  be  thor- 
oughly cleaned  before  being  used,  and  shall  be  whole  and 
good,  hard,  well  burnt  brick.  (Id.,  sec.  13,  rev.  from  L.  1882, 
ch.  410,  §  479,  as  amend.) 

§  14.  Sand. —  The  sand  used  for  mortar  in  all  buildings 
jshall  be  clean,  sharp  grit  sand,  free  from  loam  or  dirt,  and 
shall  not  be  finer  than  the  standard  samples  kept  in  the 
office  of  the  Departmient  of  Buildings.  (Id.,  sec.  14,  rev.  from 
L.  1882,  ch.  410,  §  479,  as  amend.) 

§  15.  Lime  Mortar. —  Lime  mortar  shall  be  made  of  one 
part  of  lime  and  not  more  than  four  parts  of  sand.  All  lime 
used  for  mortar  shall  be  thoroughly  burnt,  of  good  quality, 
and  properly  slaked  before  it  is  mixed  with  the  sand.  (Id., 
sec.  15,  rev.  from  L.  1882,  ch.  410,  §  479,  as  amend.) 

§  16.  Cement  Mortar. —  Cement  mortar  shall  be  made  of 
cement  and  sand  in  the  proportion  of  one  part  of  cement 
and  not  more  than  three  parts  of  sand,  and  shall  be  used 
immediately  after  being  mixed.  The  cement  and  sand  are 
to  be  measured  and  thoroughly  mixed  before  adding  water. 

Cement  must  be  very  finely  ground  and  free  from  lumps. 

Cements  classed  as  Portland  cement  shall  be  considered 
to  mean  such  cement  as  will,  w^hen  tested  neat,  after  one 
day  set  in  air,  be  capable  of  sustaining  without  rupture  a 
tensible  strain  of  at  least  120  pounds  per  square  inch,  and 
after  one  day  in  air  and  six  days  in  water  be  capable  of 
sustaining  without  rupture  a  tensible  strain  of  at  least  300 
pounds  per  square  inch.  Cements  other  than  Portland 
cement  shall  be  considered  to  mean  such  cement  as  will, 
when  tested  neat,  after  one  day  set  in  air,  be  capable  of 
sustaining  without  rupture  a  tensible  strain  of  at  least 
sixty  pounds  per  square  inch,  and  after  one  day  in  air  and 
six  days  in  water  be  capable  of  sustaining  without  rupture 
a  tensible  strain  of  at  least  120  pounds  per   square   inch. 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  173 

Said  tests  are  to  be  made  under  the  supervision  of  the 
Commissioner  of  Buildings  haviDg  jurisdiction,  at  such  times 
as  he  may  determine,  and  a  record  of  all  cements  answering 
the  above  requirements  shall  be  kept  for  public  information. 
(Id.,  sec.  16,  rev.  from  L.  1882,  ch.  410,  §  479,  as  amend.) 

§  17.  Cement  and  Lime  Mortar. —  Cement  and  lime  mortar 
mixed  shall  be  made  of  one  part  of  lime,  one  part  of  cement 
and  not  more  than  three  parts  of  sand  to  each.  (Id.,  sec.  17, 
rev.  from  L.  1882,  ch.  410,  §  479,  as  amend.) 

§  18.  Concrete. —  Concrete  fx)r  foundations  shall  be  made 
of  at  least  one  part  of  cement,  two  parts  of  sand  and  five 
parts  of  clean  broken  stone,  of  such  size  so  as  to  pass  in 
any  way  through  a  two-inch  ring,  or  good,  clean  gravel  may 
be  used  in  the  same  proportion  as  broken  stone.  The 
cement,  sand  and  stone  or  gravel  shall  be  measured  and 
mixed  as  is  prescribed  for  mortar.  All  concrete  when  in 
place  shall  be  properly  rammed  and  allowed  to  set,  without 
being  disturbed.  (Id.,  sec.  18,  rev.  from  L.  1882,  ch.  410, 
§  479,  as  amend.) 

§  19.  Quality  of  Timber. —  All  timbers  and  wood  beams 
used  in  any  building  shall  be  of  grood  sound  material,  free 
from  rot,  large  and  loose  knots,  shakes  or  any  imperfection 
whereby  the  strength  may  be  impaired,  and  be  of  such  size 
and  dimensions  as  the  purposes  for  which  the  building  is 
intended  require.  (Id.,  sec.  19,  rev.  from  L.  1882,  ch.  410, 
§  488,  as  amend.) 

§  20.  Tests  of  New  Materials. —  New  structural  material 
of  whatever  nature  shall  be  subjected  to  such  tests  to  deter- 
mine its  character  and  quality,  as  the  Commissioner  of 
Buildings  for  the  borough  in  which  the  material  is  to  be 
used  shall  direct;  the  tests  shall  be  made  under  the  super- 
Vision  of  said  Commissioner,  or  he  may  direct  the  architect 
or  owner  to  file  wdth  him  a  certified  copy  of  the  results  of 
tests,  such  as  he  may  direct  shall  be  made.     (Id.,  sec.  20.) 

§  21.  Structural  Material;  Wrought  Iron. —  All  wrought 
iron  shall  be  uniform  in  character,  fibrous,  tough  and  ductile. 
It  shall  have  an  ultimate  tensible  resistance  of  not  less 
than  48,000  pounds  per  square  inch,  an  elastic  limit  of  not 
less  than  24,000  pounds  per  square  inch,  and  an  elongation 
of  twenty  per  cent,  in  eight  inches  when  tested  in  small 
specimens. 

Steel. —  All  structural  steel  shall  have  an  ultimate  tensible 
strength  of  from  54,000  pounds  to  64,000  pounds  per  square 
inch.  Its  elastic  limit  shall  be  not  less  than  32,000  pounds 
per  square  inch  and  a  minimum  elongation  of  not  less  than 
twenty  per  cent,  in  eight  inches.  Eivet  steel  shall  have  an 
ultimate  strength  of  from  50,000  to  58,000  pounds  per  square 
inch. 

Oast  Steel. —  Shall  be  made  of  open  hearth  steel,  contain- 
ing one-quarter  to  one-half  per  cent,  of  carbon,  not  over 
eight  one-himdredths  of  one  per  cent,  of  phosphorus,  and 
shall  be  practically  free  from  blow-holes. 


174  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

Cast  Iron. —  Shall  be  of  good  foundry  mixture,  produci;ng 
a  clean,  tough,  gray  iron.  Sample  bars,  five  feet  long,  one 
inch  square,  cast  in  sand  moles,  placed  on  supports  four 
feet  six  inches  apart,  shall  bear  a  central  load  of  450  pounds 
before  breaking.  Castings  shall  be  free  of  serious  blow- 
holes, cinder  spots  and  cold  shuts.  Ultimate  tensile  strength 
shall  be  not  less  than  16,000  pounds  per  square  inch  when 
tested  in  small  specimens.     (Id.,  sec.  21.) 

Part  5. —  Excavations  and  Foundations, 

§  22.  Excavations. —  All  excavations  for  buildings  shall  be 
properly  guarded  and  protected  so  as  to  prevent  the  same 
from  becoming  dangerous  to  life  or  limb  and  shall  be 
sheath-piled  where  necessary  to  prevent  the  adjoining  earth 
from  caving  in,  by  the  person  or  persons  causing  the  exca- 
vations to  be  made.  Plans  filed  in  the  Department  of  Build- 
ings shall  be  accompanied  by  a  statement  of  the  character 
of  the  soil  at  the  level  of  the  footings. 

Whenever  an  excavation  of  either  earth  or  rock  for  build- 
ing or  other  purposes  shall  be  intended  to  be,  or  shall  be 
carried  to  the  depth  of  more  than  ten  feet  below  the  curb, 
the  person  or  persons  causing  such  excavation  to  be  made 
shall  at  all  times,  from  the  commencement  until  the  com- 
pletion thereof,  if  afforded  the  necessary  license  to  enter 
upon  the  adjoining  land,  and  not  otherwise,  at  his  or  their 
own  expense,  preserve  any  adjoining  or  contiguous  wall  or 
walls,  structure  or  structures  from  injury,  and  support  the 
same  by  proper  foundations,  so  that  the  said  wall  or  walls, 
structure  or  structures  shall  be  and  remain  practically  as 
safe  as  before  such  excavation  was  commeuced,  whether  the 
said  adjoining  or  contiguous  wall  or  walls,  structure  or 
structures  are  down  more  or  less  than  ten  feet  below  the 
curb.  If  the  necessary  license  is  not  accorded  to  the  person 
or  persons  making  such  excavation,  then  it  shall  be  the  duty 
of  the  ov^ner  refusing  to  grant  such  license  to  make  the 
adjoining  or  contiguous  wall  or  walls,  structure  or  struc- 
tures safe,  and  support  the  same  by  proper  foundations  so 
that  adjoining  excavations  may  be  made  and  shall  be  per- 
mitted to  enter  upon  the  premises  whjBre  such  excavation 
is  being  made  for  that  purpose,  when  necessary.  If  such 
■excavation  shall  not  be  intended  to  be,  or  shall  not  be, 
carried  to  a  depth  of  more  than  ten  feet  below  the  curb, 
the  ovsmer  or  owners  of  such  adjoining  or  contiguous  wall 
or  walls,  structure  or  structures  shall  preserve  the  same 
from  injury,  and  so  support  the  same  by  proper  foundations 
that  it  or  they  shall  be  and  remain  practically  as  safe  as 
before  such  excavation  was  commenced,  and  shall  be  per- 
mitted to  enter  upon  the  premises  where  such  excavation  is 
being  made  for  that  purpose,  when  necessary. 

In  case  an  adjoining  party  wall  is  intended  to  be  used  by 
the  person  or  persons  causing  the  excavation  to  be  made, 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  175 

and  such  party  wall  is  in  good  condition  and  sufficient  for 
the  uses  of  the  adjoining'  building,  then  and  in  such  case 
the  person  or  persons  causing  the  excavations  to  be  made 
shall,  at  his  or  th£ir  own  expense,  preserve  such  party  wall 
from  injury  and  support  the  same  by  proper  foundations, 
so  that  said  party  wall  shall  be  and  remain  practically  as 
safe  as  before  the  excavation  was  commenced. 

If  the  person  or  persons  whose  duty  it  shall  be  to  pre- 
serve or  protect  any  wall  or  walls,  structure  or  structures 
from  injury  shall  neglect  or  fail  so  to  do  after  having  had 
a  notice  of  twenty-four  hours  from  the  Department  of 
Buildings,  then  the  Commissioner  of  Buildings  may  enter 
upon  the  premises  and  employ  such  labor,  and  furnish  such 
materials,  and  take  such  steps  as,  in  his  judgment,  may  be 
necessary  to  make  the  same  safe  and  secure,  or  to  prevent 
the  same  from  becoming  unsafe  or  dangerous,  at  the  expense 
of  the  person  or  persons  whose  duty  it  is  to  keep  the  same 
safe  and  secure.  Any  party  doing  the  said  work,  or  any 
part  thereof,  under  and  by  direction  of  the  said  Department 
of  Buildings,  may  bring  and  maintain  an  action  against  the 
person  or  persons  last  herein  referred  to,  to  recover  the 
value  of  the  work  done  and  materials  furnished,  in  and 
about  the  said  premises,  in  the  same  manner  as  if  he  had 
been  employed  to  do  the  said  work  by  the  said  person  or 
persons.  When  an  excavation  is  made  on  any  lot,  the  person 
or  persons  causing  such  excavation  to  be  made  shall  build, 
at  his  or  their  own  cost  and  expense,  a  retaining  wall  to 
support  the  adjoining  earth;  and  such  retaining  wall  shall 
be  carried  to  the  height  of  the  adjoining  earth,  and  be 
properly  protected  by  coping.  The  thickness  of  a  retaining 
wall  at  its  base  shall  be  in  no  case  less  than  one-fourth  of 
its  height.  (Id.,  sec.  22,  rev.  from  L.  1882,  ch.  410,  §  473,  as 
amend.) 

Where  a  party  !s  excavating  next  to  a  building  it  is  incumbent 
upon  him  to  request  permission  to  enter  upon  the  adjoining  prop- 
erty to  support  the  adjoining  wall,  and  the  adjoining  owner  will 
not  lose  the  benefit  of  the  statute  because  he  did  not  tender  such 
license.  Dorrity  vs.  Rapp.,  72  N,  Y.  307.  And  the  builder  must 
protect  the  adjoining  building  not  only  during  such  excavating, 
but  have  the  adjoining  wall  as  stable  after  as  before  excavating. 
Bernheimer  vs.  Kilpatrick,  53  Hun,  316;  6  N.  Y.  Supp.  858.  But  to 
impose  such  obligation  on  the  builder  the  adjoining  owner  must 
grant  a  proper  license.  Sherwood  vs.  Seaman,  2  Bosw.  127.  And 
where  such  license  has  been  given  the  builder  will  have  a  reason- 
able time  to  finish  the  wall,  although  the  license  may  be  revoked 
by  the  adjoining  owner.  Ketchum  vs.  Newmann,  116  N.  Y.  422.  But 
the  provision  requiring  an  owner  excavating  below  ten  feet  to 
protect  his  neighbor's  wall  does  not  apply  to  one  excavating  in  a 
street  under  a  contract  with  the  municipal  authorities.  Jencks  vs. 
Kenny,  19  N.  Y.  Supp.  243;  28  Abb.  N.  C.  154. 

See  also  Cohen  vs.  Simmons,  21  N.  Y.  Supp.  385,  app.  142  N.  Y. 
671;  McKenzie  vs.  Hatton,  141  N.  Y.  8;  Blanchard  vs.  Savarese, 
97  App.   Div.  58. 

§  23.  Bearing  Capacity  of  Soil. —  Where  no  test  of  the 
sustaining  power  of  the  soil  is  made,  different  soils,  exclud- 
ing mud,  at  the  bottom  of  the  footings,  shall  be  deemed  to 


17G  CODE  OF  0BD1NA3«CES  01'  THE  CITY  OF  KEW  YORK. 

safely  sustain  the  following  loads  to  the  superficial  foot, 
namely:  Soft  clay,  one  ton  per  square  foot;  ordinary  clay 
and  sand,  together,  in  layers,  wet  and  springy,  two  tons  per 
square  foot;  loam,  clay"  or  fine  sand,  firm  and  dry,  three 
tons  per  square  foot;  very  firm,  coarse  sand,  stiff  gravel  or 
hard  clay,  four  tons  per  square  foot,  or  as  otherwise  deter- 
m.ined  by  the  Commissioner  of  Buildings  having  jurisdiction. 
Where  a  test  is  made  of  the  sustaining  power  of  the  soil  the 
Commissioner  of  Buildings  shall  be  notified,  so  that  he 
may  be  present  in  person  or  by  representative.  The  record 
of  the  test  shall  be  filed  in  the  Department  of  Buildings. 
When  a  doubt  arises  as  to  the  safe  sustaining  power  of  the 
earth  upon  which  a  building  is  to  be  erected  the  Depart- 
ment of  Buildings  may  order  borings  to  be  made,  or  direct 
the  sustaining  power  of  the  soil  to  be  tested  by  and  at  the 
expense  of  the  owner  of  the  proposed  building.    (Id.,  sec.  23.) 

§  24.  Pressure  Under  Footings  of  Foundations. —  The 
loads  exerting  pressure  under  the  footings  of  foundations 
in  buildings  more  than  three  (3)  stories  in  height  are  to  be 
computed  as  follows:  For  warehouses  and  factories  they 
are  to  be  the  full  dead  load  and  the  full  live  load  established 
by  section  130  of  this  Code.  In  stores  and  buildings  for 
light  manufacturing  purposes  they  are  to  be  the  full  dead 
load  and  seventy-five  per  cent  of  the  live  load  established 
by  section  130  of  this  Code. 

In  churches,  school  houses  and  places  of  public  amuse- 
ment or  assembly,  they  are  to  be  the  full  dead  load  and 
seventy-five  per  cent  of  the  live  load  established  by  section 
130  of  this  Code. 

In  office  buildings,  hotels,  dwellings,  apartment  houses, 
tenement  houses,  lodging  houses  and  stables,  they  are  to 
be  the  full  dead  load  and  sixty  per  cent  of  the  live  load 
established  by  section  130  of  this  Code. 

Footings  will  be  so  designed  that  the  loads  will  be  as 
nearly  uniform  as  possible  and  not  in  excess  of  the  safe 
bearing  capacity  of  the  soil,  as  established  by  section  23  of 
this  Code.     (Id.,  sec.  24.) 

§  25.  Foundations. —  Every  building,  except  buildings 
erected  upon  solid  rock  or  buildings  erected  upon  wharves 
and  piers  on  the  water  front,  shall  have  foundations  of 
brick,  stone,  iron,  steel  or  concrete  laid  not  less  than  four 
feet  below  the  surface  of  the  earth,  on  the  solid  ground 
or  level  surface  of  rock,  or  upon  piles  or  ranging  timbers 
when  solid  earth  or  rock  is  not  found.  Piles  intended  to 
sustain  a  wall,  pier  or  post  shall  be  spaced  not  more  than 
thirty-six  or  less  than  twenty  inches  on  centers,  and  they 
shall  be  driven  to  a  solid  bearing,  if  practicable  to  do  so, 
and  the  number  of  such  piles  shall  be  sufficient  to  support 
the  superstructure  proposed.  No  pile  shall  be  used  of  less 
dimensions  than  five  inches  at  the  small  end  and  ten  inches 
at  the  butt  for  short  piles,  or  piles  twenty  feet  or  less  in 
length,  and  twelve  inches  at  the  butt  for  Jong"  piles,  or  piles 


CODE  OV  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  177 

more  than  twenty  feet  in  length.  No  pile  shall  be  weig-hted 
with  a  load  exceeding  40,000  pounds.  When  a  pile  is  not 
driven  to  refusal,  its  safe  sustaining  power  shall  be  deter- 
mined by  the  following  formula:  Twice  the  weight  of  the 
hammer  in  tons  multiplied  by  the  height  of  the  fall  in  feet 
divided  by  least  penetration  of  pile  under  the  last  blow  in 
inches  plus  one.  The  Commissioner  of  Buildings  shall  be 
notified  of  the  time  when  such  test  piles  will  be  driven,  that 
he  may  be  present  in  person  or  by  representative.  The  tops 
of  all  piles  shall  be  cut  off  below  the  lowest  water  line. 
When  required,  concrete  shall  be  rammed  down  in  the 
interspaces  between  the  heads  of  the  piles  to  a  depth  and 
thickness  of  not  4ess  than  twelve  inches  and  for  one  foot  in 
width  outside  of  the  piles.  When  ranging  and  capping 
timbers  are  laid  on  piles  for  foundations,  they  shall  be  of 
hard  wood  not  less  than  six  inches  thick  and  properly 
joined  together,  and  their  tops  laid  below  the  lowest  water 
line.  Where  metal  is  incorporated  in  or  forms  part  of  a 
foundation,  it  shall  be  thoroughly  protected  from  rust  by 
paint,  asphaltum,  concrete,  or  by  such  materials  and  in 
such  manner  as  may  be  approved  by  the  Commissioner  of 
Buildings.  When  footings  of  iron  or  steel  for  columns  are 
placed  below  the  water  level,  they  shall  be  similarly  coated, 
or  inclosed  in  concrete,  for  preservation  against  rust.  When 
foundations  are  carried  down  through  earth  by  piers  of 
stone,  brick  or  concrete  in  caissons,  the  loads  on  same  shall 
be  not  more  than  fifteen  tons  to  the  square  foot  when  car- 
ried down  to  rock;  ten  tons  to  the  square  foot  when  carried 
down  to  firm  gravel  or  hard  clay;  eight  tons  to  the  square 
foot  in  open  caissons  or  sheet  pile  trenches  when  carried 
down  to  rock.  Wood  piles  may  be  used  for  the  foundations 
under  frame  buildings  built  over  the  water  or  on  salt 
meadow  land,  in  which  case  the  piles  may  project  above  the 
water  a  sufficient  height  to  raise  the  building  above  high 
tide,  and  the  building  may  be  placed  directly  thereon  with- 
out other  foundation.  (Id.,  sec.  25,  rev.  from  L.  1882,  ch. 
410,  §  474,  as  amend.) 

§  26.  Foundation  Walls. —  Foundation  walls  shall  be  con- 
strued to  include  all  walls  and  piers  built  below  the  curb 
level,  or  nearest  tier  of  beams  to  the  curb,  to  serve  as  sup- 
ports for  walls,  piers,  columns,  girders,  posts  or  beams. 
Foundation  walls  shall  be  built  of  stone,  brick,  Portland 
cement  concrete,  iron  or  steel.  If  built  of  rubble  stone,  or 
Portland  cement  concrete,  they  shall  be  at  least  eight  inches 
thicker  than  the  wall  next  above  them  to  a  depth  of  twelve 
feet  below  the  curb  level;  and  for  every  additional  ten  feet, 
or  part  thereof,  deeper,  they  shall  be  increased  four  inches 
in  thickness.  If  built  of  brick,  they  shall  be  at  least  four 
inches  thicker  than  the  wall  next  above  them  to  a  depth 
of  twelve  feet  below  the  curb  level;  and  for  every  additional 
ten  feet,  or  part  thereof,  deeper,  they  shall  be  increased 
iour  inches  in  thickness. 


ITS  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

The  footing  or  base  course  shall  be  of  stone  or  concrete, 
or  both,  or  of  concrete  and  stepped-up  brickwork,  of  sufti- 
cient  thickness  and  area  to  safely  bear  the  weight  to  be 
imposed  thereon.  If  the  footing  or  base  course  be  of  con- 
crete, the  concrete  shall  not  be  less  than  twelve  inches 
thick.  If  of  stone,  the  stones  shall  not  be  less  than  two  by 
three  feet,  and  at  least  eight  inches  in  thickness  for  w^alls; 
and  not  less  than  ten  inches  in  thickness  if  under  piers, 
columns  or  posts;  the  footing  or  base  course,  whether 
formed  of  concrete  or  stone,  shall  be  at  least  twelve  inches 
wider  than  the  bottom  width  of  walls,  and  at  least  twelve 
inches  wider  on  all  sides  than  the  bottom  width  of  said 
piers,  columns  or  posts.  If  the  superimposed  load  is  such 
as  to  cause  undue  transverse  strain  on  a  footing  projecting 
twelve  inches,  the  thickness  of  such  footing  is  to  be 
increased  so  as  to  carry  the  load  with  safety.  For  small 
structures  and  for  small  piers  sustaining  light  loads,  the 
Commissioner  of  Buildings  having  jurisdiction  may,  in  his 
discretion,  allow  a  reduction  in  the  thickness  and  projection 
for  footing  or  base  courses  herein  specified.  All  base  stones 
shall  be  well  bedded  and  laid  crosswise,  edge  to  edge. 

If  stepped-up  footing  of  brick  are  used  in  place  of  stone, 
above  the  concrete,  the  offsets,  if  laid  in  single  courses,  shall 
each  not  exceed  one  and  one-half  inches,  or  if  laid  in  double 
courses,  then  each  shall  not  exceed  three  inches,  offsetting 
the  first  course  of  brickwork,  back  one-half  the  thickness  of 
the  concrete  base,  so  as  to  properly  distribute  the  load  to 
be  imposed  thereon. 

If,  in  place  of  continuous  foundation  wall,  isolated  piers 
are  to  be  built  to  support  the  superstructure,  where  the 
nature  of  the  ground  and  the  character  of  the  building  make 
it  necessary,  in  the  opinion  of  the  Commissioner  of  Build- 
ings having  jurisdiction,  inverted  arches  resting  on  a  proper 
bed  of  concrete,  both  designed  to  transmit  with  safety  the 
superimposed  loads,  shall  be  turned  between  the  piers.  The 
thrust  of  the  outer  piers  shall  be  taken  up  by  suitable 
wrought  iron  or  steel  rods  and  plates. 

Grillage  beams  of  wrought  iron  or  steel  resting  on  a 
proper  concrete  bed  may  be  used.  Such  beams  must  be  pro- 
vided with  separators  and  bolts  inclosed  and  filled  solid 
between  with  concrete,  and  of  such  sizes  and  so  arranged 
as  to  transmit  with  safety  the  superimposed  loads. 

All  stone  walls  twenty-four  inches  or  less  in  thickness  shall 
have  at  least  one  header  extending  through  the  wall  in  every 
three  feet  in  height  from  the  bottom  of  the  wall,  and  in 
every  three  feet  in  length,  and  if  over  twenty-four  inches 
in  thickness,  shall  have  one  header  for  every  six  superficial 
feet  on  both  sides  of  the  wall,  laid  on  top  of  each  other  to 
bond  together,  and  running  into  the  wall  at  least  two  feet. 

All  headers  shall  be  at  least  twelve  inches  in  Avidth 
and  eight  inches  in  thickness,  and  consist  of  good  fiat 
stones. 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  179 

No  stone  shall  be  laid  in  such  walls  in  any  other  position 
than  on  its  natural  bed. 

No  stone  shall  be  used  that  does  not  bond  or  extend  into 
the  wall  at  least  six  inches.  Stones  shall  be  firmly  bedded 
in  cement  mortar  and  all  spaces  and  joints  thoroughly  filled. 
(Id.,  sec.  26,  rev.  from  L.  1882,  ch.  410,  §  474,  as  amend.) 

Part  6. —  Walls,  Piers  and  Partitions. 
§  27.  Materials  of  Walls.— The  walls  of  all  buildings, 
other  than  frame  or  wood  buildings,  shall  be  constructed 
of  stone,  brick,  Portland  cement  concrete,  iron,  steel  or 
other  hard,  incombustible  material  and  the  several  com- 
ponent parts  of  such  buildings  shall  be  as  herein  provided. 
All  buildings  shall  be  inclosed  on  all  sides  with  independent 
or  party  walls.  (Id.,  sec.  27,  rev.  from  L.  1882,  ch.  410,  §  42, 
as  amend. 

Where  many  buildings  have  one  roof  they  must  have  fire  walls 
for  separate  buildings.    Langdon  vs.  Fire  Dept.  17  Wend.  234. 

§  28.  Walls  and  Piers. —  In  all  walls  of  the  thickness 
specified  in  this  Code,  the  same  amount  of  materials  may 
be  used  in  piers  or  buttresses.  Bearing  walls  shall  be  taken 
to  mean  those  walls  on  which  the  beams,  girders  or  trusses 
rest.  If  any  horizontal  section  through  any  part  of  any 
bearing  wall  in  any  building  shows  more  than  thirty  per 
centum  area  of  ftues  and  openings,  the  said  wall  shall  be 
increased  four  inches  in  thickness  for  every  fifteen  per 
centum,  or  fraction  thereof,  of  flue  or  opening  area  in 
excess  of  thirty  per  centum. 

The  walls  and  piers  of  all  buildings  shall  be  properly  and 
solidly  bonded  together  with  close  joints  filled  with  mortar. 
They  shall  be  built  to  a  line  and  be  carried  up  plumb  and 
straight.  The  walls  of  each  story  shall  be  built  up  the  full 
thickness  to  the  top  of  the  beams  above.  All  brick  laid  in 
non-freezing  weather  shall  be  well  wet  before  being  laid. 
Walls  or  piers,  or  parts  of  walls  and  piers,  shall  not  be 
built  in  freezing  weather,  and  if  frozen,  shall  not  be  built 
upon. 

All  piers  shall  be  built  of  stone  or  good,  hard,  well-burnt 
brick  laid  in  cement  mortar.  Every  pier  built  of  brick,  con- 
taining less  than  nine  superficial  feet  at  the  base,  support- 
ing any  beam,  girder,  arch  or  column  on  which  a  wall  rests, 
or  lintel  spanning  an  opening  over  ten  feet  and  supporting 
a  wall,  shall  at  intervals  of  not  over  thirty  inches  apart 
in  height  have  built  into  it  a  bond  stone  not  less  than  four 
inches  thick,  or  a  cast-iron  plate  of  sufficient  strength,  and 
the  full  size  of  the  piers.  For  piers  fronting  on  a  street  the 
bond  stones  may  conform  with  the  kind  of  stone  used  for 
the  trimmings  of  the  front.  Cap  stones  of  cut  granite  or 
blue  stone,  proportioned  to  the  weight  to  be  carried,  but 
not  less  than  five  inches  in  thickness,  by  the  full  size  of  the 
pier,  or  cast-iron  plates  of  equal  strength  by  the  full  size 
of  the  pier,  shall  be  set  under  all  columns  or  girders,  except 


180  CODE  OF  ORDINANCES  OF  THE  CITY   OF  NEW  YORK. 

where  a  four-inch  bond  stone  is  placed  immediately  below 
said  cap  stone,  in  which  case  the  cap  stone  may  be  reduced 
in  horizontal  dimensions  at  the  discretion  of  the  Commis- 
sioner of  Buildings  having  jurisdiction.  Isolated  brick  piers 
shall  not  exceed  in  height  ten  times  their  least  dimensions. 
Stone  posts  for  the  support  of  posts  or  columns  above  shall 
not  be  used  in  the  interior  of  any  building.  Where  walls 
or  piers  are  built  of  coursed  stones,  with  dressed  level  beds 
and  vertical  joints,  the  Department  of  Buildings  shall  have 
the  right  to  allow  such  walls  or  piers  to  be  built  of  a  less 
thickness  than  specified  for  brickwork,  but  in  no  case  shall 
said  walls  or  piers  be  less  than  three-quarters  of  the  thick- 
ness provided  for  brickwork. 

In  all  brick  walls  every  sixth  course  shall  be  a  heading 
course,  except  where  walls  are  faced  with  brick  in  running 
bond,  in  which  latter  case  every  sixth  course  shall  be  bonded 
into  the  backing  by  cutting  the  course  of  the  face  brick  and 
putting  in  diagonal  headers  behind  the  same,  or  by  splitting 
the  face  brick  in  half  and  backing  the  same  with  a  con- 
tinuous row  of  headers.  Where  face  brick  is  used  of  a  dif- 
ferent thickness  from  the  brick  used  for  backing,  the 
courses  of  the  exterior  and  interior  brickwork  shall  be 
brought  to  a  level  bed  at  intervals  of  not  more  than  ten 
courses  in  height  of  the  face  brick,  and  the  face  brick  shall 
be  properly  tied  to  the  backing  by  a  heading  course  of  th« 
face  brick.  All  bearing  walls  faced  with  brick  laid  in  run- 
ning bonds  shall  be  four  inches  thicker  than  the  walls  are 
required  to  be  under  any  section  of  this  Code.  (Id.,  sec.  28, 
rev.  from  L.  1882,  ch.  410,  §  478,  as  amend.) 

§  29.  Ashlar. —  Stone  used  for  the  facing  of  any  building, 
and  known  as  ashlar,  shall  be  not  less  than  four  inches 
thick. 

Stone  ashlar  shall  be  anchored  to  the  backing  and  the 
backing  shall  be  of  such  thickness  as  to  make  the  walls, 
independent-  of  the  ashlar,  conform  as  to  the  thickness 
with  the  requirements  of  sections  31  and  32  of  this  Code, 
unless  the  ashlar  be  at  least  eight  inches  thick  and  bonded 
onto  the  backing,  and  then  it  may  be  counted  as  part  of 
the  thickness  of  the  wall. 

Iron  ashlar  plates  used  in  imitation  of  stone  ashlar  on  the 
face  of  a  wall  shall  be  backed  up  with  the  same  thickness  of 
brickwork  as  stone  ashlar.  (Id.,  sec.  29,  rev.  from  L.  1882, 
ch.  410,  §  478,  as  amend.) 

§  30.  Mortar  for  Walls  and  Ashlar. —  All  foundation 
walls,  isolated  piers,  parapet  walls  and  chimneys  above  roofs 
shall  be  laid  in  cement  mortar,  but  this  shall  not  prohibit 
the  use,  in  cold  weather,  of  a  small  proportion  of  lime  to 
prevent  the  mortar  from  freezing.  All  other  walls  built  of 
brick  or  stone  shall  be  laid  in  lime,  cement,  or  lime  and 
cement  mortar  mixed. 

The  backing  up  of  all  stone  ashlar  shall  be  laid  up  with 
cement  mortar,  or  cement  and  lime  mortar  mixed,  but  the 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  lol 

back  of  the  ashlar  may  be  parged  with  lime  mortar  to  pre- 
vent discoloration  of  the  stone.     (Id.,  sec.  30.) 

§  31.  Walls  for  Dwelling-  Houses. —  The  expression  "  walls 
for  dwelling  houses  "  shall  be  taken  to  mean  and  include 
in  this  class  walls  for  the  following  buildings: 

Dwellings,  asylums,  apartment  houses,  convents,  club 
houses,  dormitories,  hospitals,  hotels,  lodging  houses,  tene- 
ments,   parish   buildings,    schools,    laboratories,    studios. 

The  walls  above  the  basement  of  dwelling  houses  not 
over  three  stories  and  basement  in  height,  nor  more  than 
forty  feet  in  height,  and  not  over  twenty  feet  in  width,  and 
not  over  fifty-five  feet  in  depth,  shall  have  side  and  party 
walls  not  less  than  eight  inches  thick,  and  front  and  rear 
walls  not  less  than  twelve  inches  thick.  All  walls  of  dwell- 
ings exceeding  twenty  feet  in  width  and  not  exceeding 
forty  feet  in  height,  shall  be  not  less  than  twelve  inches 
thick.  All  walls  of  dwellings  twenty-six  feet  in  width 
between  bearing  walls  which  are  hereafter  erected  or  which 
may  be  erected  to  be  used  for  dwellings  and  being  over 
forty  feet  in  height  and  not  over  fifty  feet  in  height,  shall 
be  not  less  than  twelve  inches  thick  above  the  foundation 
wall.  No  wall  shall  be  built  having  a  twelve-inch  thick  por- 
tion measuring  vertically  more  than  fifty  feet.  If  over  fifty 
feet  in  height  and  not  over  sixty  feet  in  height  the  wall 
shall  be  not  less  than  sixteen  inches  thick  in  the  story  next 
above  the  foundation  walls  and  from  thence  not  less  than 
twelve  inches  to  the  top.  If  over  sixty  feet  in  height,  and 
not  over  seventy-five  feet  in  height,  the  walls  shall  be  not 
less  than  sixteen  inches  thick  above  the  foundation  walls  to 
the  height  of  twenty-five  feet,  or  to  the  nearest  tier  of 
beams  to  that  height,  and  from  thence  not  less  than  twelve 
inches  thick  to  the  top.  If  over  seventy-five  feet  in  height, 
and  not  over  100  feet  in  height,  the  walls  shall  be  not  less 
than  twenty  inches  thick  above  the  foundation  walls  to  the 
height  of  forty  feet,  or  to  the  nearest  tier  of  beams  to  that 
height,  thence  not  less  than  sixteen  inches  thick  to  the 
height  of  seventy-five  feet,  or  to  the  nearest  tier  of  beams 
to  that  height,  and  thence  not  less  than  twelve  inches  thick 
to  the  top.  If  over  100  feet  in  height  and  not  over  125  feet 
in  height,  the  walls  shall  be  not  less  than  twenty-four  inches 
thick  above  the  foundation  walls  to  the  height  of  forty  feet 
or  to  the  nearest  tier  of  beams  to  that  height,  thence  -not 
less  than  twenty  inches  thick  to  the  height  of  seventy-five 
feet,  or  to  the  nearest  tier  of  beams  to  that  height,  thence 
not  less  than  sixteen  inches  thick  to  the  height  of  110  feet, 
or  to  the  nearest  tier  of  beams  to  that  height,  and  thence 
not  less  than  twelre  inches  thick  to  the  top.  If  over  125 
feet  in  height  and  not  over  150  feet  in  height,  the  walls 
shall  be  not  less  than  twenty-eight  inches  thick  above  the 
foundation  walls  to  the  height  of  thirty  feet,  or  to  the  near- 
est tier  of  beams  to  that  height;  thence  not  less  than 
twenty-four  inches  thick  to  the  height  of  sixty-five  feet,  or 


182  CODE  OF  ORDINANCES  OF  THE  CITY   OF  NEW  YOKK. 

to  the  nearest  tier  of  beams  to  that  height;  thence  not  less 
than  twenty  inches  thick  to  the  height  of  100  feet,  or  to 
the  nearest  tier  of  beams  to  that  height;  thence  not  less 
than  sixteen  inches  thick  to  the  height  of  135  feet,  or  to  the 
nearest  tier  of  beams  to  that  height,  and  thence  not  less 
than  twelve  inches  thick  to  the  top.  If  over  150  feet  in 
height,  each  additional  thirty  feet  in  height  or  part  thereof, 
next  the  foundation  walls,  shall  be  increased  four  inches  in 
thickness,  the  upper  150  feet  of  wall  remaining  the  same  as 
specified  for  a  wall  of  that  height. 

All  non-fireproof  dwelling  houses  erected  under  this  sec- 
tion, exceeding  twenty-six  feet  in  width,  shall  have  brick 
fore-and-aft  partition  walls.  All  non-bearing  walls  of  build- 
ings hereinbefore  in  this  section  siJecifijed  may  be  four  inches 
less  in  thickness,  provided,  however,  that  none  are  less  than 
twelve  inches  thick,  except  as  in  this  Code  specified.  Eight- 
inch  brick  partition  Avails  may  be  built  to  support  the 
beams  in  such  buildings  in  which  the  distance  between  the 
m^ain  or  bearing  walls  is  not  over  thirty-three  feet;  if  the 
distance  between  the  main  or  bearing  walls  is  over  thirty- 
three  feet  the  brick  partition  wall  shall  not  be  less  than 
twelve  inches  thick;  piovided,  that  no  clear  span  is  over 
twenty-six  feet.  No  wall  shall  be  built  having  any  one 
thickness  measuring  vertically  more  than  fifty  feet.  This 
section  shall  not  be  construed  to  prevent  the  use  of  iron  or 
steel  girders,  or  iron  or  steel  girders  and  columns,  or  piers 
of  masonry,  for  the  support  of  the  walls  and  ceilings  over 
any  room  which  has  a  clear  span  of  more  than  twenty-six 
feet  between  walls,  in  such  dwellings  as  are  not  constructed 
fireproof,  nor  to  prohibit  the  use  of  iron  or  steel  girders,  or 
iron  or  steel  girders  and  columns  in  place  of  brick  walls  in 
buildings  which  are  to  be  used  for  dwellings  when  con- 
structed fireproof.  If  the  clear  span  is  to  be  over  twenty- 
six  feet,  then  the  bearing  walls  shall  be  increased  four 
inches  in  thickness  for  every  twelve  and  one-half  feet  or 
part  thereof  that  said  span  is  over  twenty-six  feet,  or  shall 
have,  instead  of  the  increased  thickness,  such  piers  or  but- 
tresses as,  in  the  judgment  of  the  Commissioner  of  Build- 
ings having  jurisdiction,  may  be  necessary. 

Whenever  two  or  more  dwelling  houses  shall  be  con- 
structed not  over  twelve  feet  six  inches  in  width,  and  not 
over-  fifty  feet  in  height,  the  alternating  centre  wall  be- 
tween any  two  such  houses  shall  be  of  brick,  not  less  than 
eight  inches  thick  above  the  foundation  wall;  and  the  ends 
of  the  floor  beams  shall  be  so  separated  that  four  inches  of 
brickwork  will  be  between  the  beams  where  they  rest  on 
the  said  centre  wall.  (Id.,  sec.  31,  rev.  from  L.  1882,  ch.  410, 
§  476,  as  amend.) 

§  32.  Walls  for  Warehouses. —  The  expression  "  walls  for 
warehouses "  shall  be  taken  to  mean  and  include  in  this 
class  walls  for  the  following  buildings: 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  183 

Warehouses,  stores,  factories,  mills,  printing-  houses, 
pumping  stations,  refrigerating  houses,  slaughter  houses, 
wheelwright  shops,  cooperage  shops,  breweries,  light  and 
power  houses,  sugar  refineries,  office  buildings,  stables, 
markets,  railroad  buildings,  jails,  police  stations,  court 
houses,  observatories,  foundries,  machine  shops,  public  as- 
sembly buildings,  armories,  churches,  theatres,  libraries, 
museums.  The  walls  of  all  warehouses,  twenty-five  feet  or 
less  in  width  between  walls  or  bearings,  shall  be  not  less 
than  twelve  inches  thick  to  the  height  of  forty  feet  above 
the  foundation  walls.  If  over  forty  feet  in  height,  and  not 
«ver  sixty  feet  in  height,  th£  walls  shall  be  not  less  than 
sixteen  inches  thick  above  the  foundation  walls  to  the 
height  of  forty  feet,  or  to  the  nearest  tier  of  beams  to  that 
height,  and  thence  not  less  than  twelve  inches  thick  to  the 
top.  If  over  sixty  feet  in  height,  and  not  over  seventy-five 
feet  in  height  the  walls  shall  be  not  less  than  twenty  inches 
thick  above  the  foundation  walls  to  the  height  of  twenty- 
five  feet,  or  to  the  net^rest  tier  of  beams  to  that  height,  and 
thence  not  less  than  sixteen  inches  thick  to  the  top.  If 
over  seventy-five  feet  in  height,  and  not  over  100  feet  in 
height,  the  walls  shall  be  not  less  than  twenty-four  inches 
thick  above  the  foundation  walls  to  the  height  of  forty  feet, 
or  to  the  nearest  tier  of  beams  to  that  height;  thence  not 
less  than  twenty  inches  thick  to  the  heig-ht  of  seventy-five 
feet,  or  to  the  nearest  tier  of  beams  to  that  height,  and 
thence  not  less  than  sixteen  inches  thick  to  the  top.  If  over 
100  feet  in  height,  and  not  over  125  feet  in  height,  the  walls 
shall  be  not  less  than  twenty-eight  inches  thick  above  the 
foundation  walls  to  the  height  of  forty  feet,  or  to  the  nearest 
tier  of  beams  to  that  height;  thence  not  less  than  twenty- 
four  inches  thick  to  the  height  of  seventy-five  feet,  or  to 
the  nearest  tier  of  beams  to  that  height;  thence  not  less 
than  twenty  inches  thick  to  the  height  of  110  feet,  or  to 
the  nearest  tier  of  beams  to  that  height,  and  thence  not 
less  than  sixteen  inches  thick  to  the  top.  If  over  125  feet 
in  height,  and  not  over  150  feet,  the  walls  shall  be  not  less 
than  thirty-two  inches  thick  above  the  foundation  walls  to 
the  height  of  thirty  feet,  or  to  the  nearest  tier  of  beams  to 
that  height;  thence  not  less  than  twenty-eight  inches  thick 
to  the  height  of  sixty-five  feet,  or  to  the  nearest  tier  of 
beams  to  that  height;  thence  not  less  than  twenty-four 
inches  thick  to  the  height  of  100  feet,  or  to  the  nearest  tier 
of  beams  to  that  height;  thence  not  less  than  twenty  inches 
thick  to  the  height  of  135  feet,  or  to  the  nearest  tier  of 
beams  to  that  height;  and  thence  not  less  than  sixteen 
inches  thick  to  the  top.  If  over  150  feet  in  height,  each 
additional  twenty-five  feet  in  height,  or  part  thereof  next 
above  the  foundation  walls  shall  be  increased  four  inches  in 
thickness,  the  upper  150  feet  of  wall  remaining  the  same  as 
specified  for  a  wall  of  that  height, 


184       CODE  OF  OKDI^•A^XLS  or  the  city  of  new  yokk. 

If  there  is  to  be  a  clear  span  of  over  twenty-five  feet  be- 
tween the  bearing  walls,  such  walls  shall  be  four  inches 
more  in  thickness  than  in  this  section  specified,  for  every 
twelve  and  one-half  feet,  or  fraction  thereof,  that  said  walls 
are  more  than  twenty-five  feet  apart,  or  shall  have  instead 
of  the  increased  thickness  such  piers  or  buttresses  as,  in  the 
judgment  of  the  Oommission^r  of  Buildings,  m.ay  be 
necessary. 

The  walls  of  buildings  of  a  public  character  shall  be  not 
less  than  in  this  Code  specified  for  warehouses  with  such 
piers  or  such  buttresses,  or  supplemental  columns  of  iron 
or  steel,  as,  in  the  judgment  of  the  Commissioner  of  Build- 
ings having  jurisdiction,  may  be  necessary  to  make  a  safe 
and  substantial  building. 

In  all  stores,  warehouses  and  factories  over  twenty-five 
feet  in  width  between  walls  there  shall  be  brick  partition 
walls,  or  girders  supported  on  iron,  or  wood  columns,  or 
piers  of  masonry. 

In  all  stores,  warehouses  or  factories,  in  case  iron,  steel 
or  wood  girders,  supported  by  iron,  steel  or  wood  columns, 
or  piers  of  masonry,  are  used  in  place  of  brick  partition 
walls,  the  building  may  be  seventy-five  feet  wide  and  210 
feet  deep,  when  extending  from  street  to  street,  or  when 
otherwise  located  may  cover  an  area  of  not  more  than  8,000 
superficial  feet.  When  a  building  fronts  on  three  streets  it 
may  be  105  feet  wide  and  210  feet  deep,  or  if  a  corner 
building  fronting  on  two  streets  it  may  cover  an  area  of 
not  more  than  12,500  superficial  feet;  but  in  no  case  vsdder 
nor  deeper,  nor  to  cover  a  greater  area,  except  in  the  case 
of  fireproof  buildings.  An  area  greater  than  herein  stated 
may,  considering  location  and  purpose,  be  allowed  by  the 
Board  of  Buildings  when  the  proposed  building  does  not 
exceed  three  stories  in  height.  (Id.,  sec.  32,  rev.  from  L. 
1882,  ch.  410,  §  477,  as  amend.) 

§  33.  Increased  Thickness  of  Walls  for  Buildings  More 
Than  105  Feet  in  Depth. —  All  buildings,  not  excepting 
dwellings,  that  are  over  105  feet  in  depth,  vdthout  a  cross- 
wall  or  proper  piers  or  buttresses,  shall  have  the  side  or 
bearing  walls  increased  in  thickness  four  inches  more  than 
is  specified  in  the  respective  sections  of  this  Code  for  the 
thickness  of  walls  for  every  105  feet  or  part  thereof,  that 
the  said  buildings  are  over  105  feet  in  depth.  (Id.,  sec.  33, 
rev.  from  L.  1882,  ch.  410,  §  477,  as  amend.) 

§  34.  Reduced  Thickness  for  Interior  Walls. —  In  case  the 
walls  of  any  building  are  less  than  twenty-five  feet  apart, 
and  less  than  forty  feet  in  depth,  or  there  are  cross-walls 
which  intersect  the  walls,  not  more  than  forty  feet  distant, 
or  piers  or  buttresses  built  into  the  walls,  the  interior  walls 
may  be  reduced  in  thickness  in  just  proportion  to  the  num- 
ber of  cross-walls,  piers  or  buttresses,  and  their  nearness  to 
each  other;  provided,  however,  that  this  clause  shall  not 
^pply  to  walls  below  sixty  feet  in  height,  and  that  no  sucU 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  185 

wall  shall  be  less  than  twelve  inches  thick  at  the  top,  and 
gradually  increased  in  thickness  by  set-offs  to  the  bottom. 
The  Commissioner  of  Buildings  having  jurisdiction  is  hereby 
authorized  and  empowered  to  decide  (except  where  herein 
otherwise  provided  for)  how  much  the  walls  herein  men- 
tioned may  be  permitted  to  be  reduced  in  thickness,  accord- 
ing to  the  peculiar  circumstances  of  each  case,  without 
endangering  the  strength  and  safety  of  the  building.  (Id., 
sec.  34,  rev.  from  L.  1882,  ch.  410,  §  477,  as  amend.) 

§  35.  One-story  Brick  Buildings. —  One-story  structures 
not  exceeding  a  height  of  fifteen  feet  may  be  built  with 
eight-inch  walls  when  the  bearing  walls  are  not  more  than 
nineteen  feet  apart,  and  the  length  of  the  eight-inch  bear- 
ing walls  does  not  exceed  fifty-five  feet.  One-story  and 
basement  extensions  may  be  built  with  eight-inch  walls 
when  not  over  twenty  feet  wide,  twenty  feet  deep  and 
twenty  feet  high  to  dwellings.  (Id.,  sec.  35,  rev.  from  L.  1882, 
ch.  410,  §  477,  as  amend.) 

§  36.  Inclosure  Walls  for  Skeleton  Structures. —  Walls  of 
brick  built  in  between  iron  or  steel  columns,  and  supported 
wholly  or  in  part  on  iron  or  steel  girders,  shall  be  not  less 
than  twelve  inches  thick  for  seventy-five  feet  of  the  upper- 
most height  thereof,  or  to  the  nearest  tier  of  beams  to  that 
measurement,  in  any  building  so  constructed,  and  every 
lower  section  of  sixty  feet,  or  to  the  nearest  tier  of  beams 
to  such  vertical  measurement,  or  part  thereof,  shall  have  a 
thickness  of  four  inches  more  than  is  required  for  the  sec- 
tion next  above  it  down  to  the  tier  of  beams  nearest  to  the 
curb  level;  and  thence  downward,  the  thickness  of  walls 
shall  increase  in  the  ratio  prescribed  in  section  26,  this 
Code.  (Id.,  sec.  36,  rev.  from  L.  1882,  ch.  410,  §  477,  as 
amend.) 

§  37.  Curtain  Walls. —  Certain  walls  built  in  between 
piers  or  iron  or  steel  columns  and  not  supported  on  steel 
or  iron  girders,  shall  be  not  less  than  twelve  inches  thick 
for  sixty  feet  of  the  uppermost  height  thereof,  or  nearest 
tier  of  beams  to  that  height,  and  increased  four  inches  for 
every  additional  section  of  sixty  feet  or  nearest  tier  of 
beams  of  that  height.     (Id.,  sec.  37.) 

§  38.  Existing  Party  Walls.— Walls  heretofore  built  for 
or  used  as  party  walls,  whose  thickness  at  the  time  of  their 
erection  was  in  accordance  with  the  requirements  of  the 
then  existing  laws,  but  which  are  not  in  accordance  with 
the  requirements  of  this  Code,  may  be  used,  if  in  good  con- 
dition, for  the  ordinary  uses  of  party  walls,  provided  the 
height  of  the  same  be  not  increased.  (Id.,  sec.  38,  rev.  from 
L.  1882,  ch.  410,  §  478.) 

§  39.  Lining  Existing  Walls. —  In  case  it  is  desired  to 
increase  the  height  of  existing  party  or  independent  walls, 
which  are  less  in  thickness  than  required  under  this  Code, 
the  same  shall  be  done  by  a  lining  of  brickwork  to  form  a 
combined  thickness  with  the  old  wall  of  not  less  than  four 


186  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

inches  more  than  the  thickness  required  for  a  new  wall 
corresponding  with  the  total  height  of  the  wall  when  so 
increased  in  height.  The  said  linings  shall  be  supported 
on  proper  foundations  and  carried  up  to  such  height  as  the 
Commissioner  of  Buildings  having  jurisdiction  may  require. 
No  lining  shall  be  less  than  eight  inches  in  thickness,  and 
all  lining  shall  be  laid  up  in  cement  mortar  and  thoroughly 
anchored  to  the  old  brick  walls  with  suitable  wrought-iron 
anchors,  placed  two  feet  apart  and  properly  fastened  or 
driven  into  the  old  walls  in  rows  alternating  vertically  and 
horizontally  with  each  other,  the  old  walls  being  first 
cleaned  of  plaster  or  other  coatings  where  any  lining  is  to 
be  built  against  the  same.  No  rubble  wall  shall  be  lined 
except  after  inspection  and  approval  by  the  department. 
(Id.,  sec.  39,  rev.  from  L.  1882,  ch.  410,  §  478,  as  amend.) 

§  40.  Walls  of  Unfinished  Buildings. —  Any  building,  the 
erection  of  which  was  commenced  in  accordance  with  speci- 
fications and  plans  submitted  to  and  approved  by  the 
Department  of  Buildings  prior  to  the  passage  of  this  Code, 
if  properly  constructed  and  in  safe  condition,  may  be  com- 
pleted or  built  upon  in  accordance  with  the  requirements 
of  law,  as  to  thickness  of  walls,  in  force  at  the  time  when 
such  specification  and  plans  were  approved.  (Id.,  sec.  40, 
rev.  from  L.  1882,  ch.  410,  §  478,  as  amend.) 

§  41.  Walls  Tied,  Anchored  and  Braced. —  In  no  case  shall 
any  wall  or  walls  of  any  building  be  carried  up  more  than 
two  stories  in  advance  of  any  other  wall,  except  by  permis- 
sion of  the  Commissioner  of  Buidings  having  jurisdiction, 
but  this  prohibition  shall  not  include  th(i  inclosure  walls  for 
skeleton  buildings.  The  front,  rear,  side  and  party  walls 
shall  be  properly  bonded  together,  or  anchored  to  each 
other  every  six  feet  in  their  height  by  wrought-iron  tie 
anchors,  not  less  than  one  and  a  half  inches  by  three- 
eighths  of  an  inch  in  size,  and  not  less  than  twenty-four 
inches  in  length.  The  side  anchors  shall  be  built  into  the 
side  or  party  walls  not  less  than  sixteen  inches,  and  into 
the  front  and  rear  walls,  so  as  to  secure  the  front  and 
rear  walls  to  the  side  or  party  walls  when  not  built  and 
bonded  together.  All  exterior  piers  shall  be  anchored  to  the 
beams  or  girders  on  the  level  of  each  tier.  The  walls  and 
beams  of  every  building,  during  the  erection  or  alteration 
thereof,  shall  be  strongly  braced  from  the  beams  of  each 
story  and,  when  required,  shall  also  be  braced  from  the  out- 
side until  the  building  is  inclosed.  The  roof  tier  of  wood 
beams  shall  be  safely  anchored  with  plank  or  joist  to  the 
beams  of  the  story  below  until  the  building  is  inclosed. 
(Id.,  sec.  41,  rev.  from  L.  1882,  ch.  410,  §  478,  as  amend.) 

§  42.  Arches  and  Lintels. —  Openings  for  doors  and  win- 
dows in  all  buildings  shall  have  good  and  sufficient  arches 
of  stone,  brick  or  terra-cotta,  well  built  and  keyed  with 
good  and  sufficient  abutments  or  lintels  of  stone,  iron  or 
steel  of  sufficient  strength,  which  shall  have  a  bearing  at 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  187 

each  end  of  not  less  than  five  inches  on  the  wall.  On  the 
inside  of  all  openings  in  which  lintels  shall  be  less  than  the 
thickness  of  the  wall  to  be  supported,  there  shall  be  timber 
lintels  which  shall  rest  at  each  end  not  more  than  three 
inches  on  any  wall,  which  shall 'be  chamfered  at  each  end, 
and  shall  have  a  suitable  arch  turned  over  the  timber  lintel. 
Or  the  inside  lintel  may  be  of  cast  iron  or  wrought  iron  or 
steel,  and  in  such  case  stone  blocks  or  cast-iron  plates  shall 
not  be  required  at  the  ends  where  the  lintel  rests  on  the 
walls,  provided  the  opening  is  not  more  than  six  feet  in 
width. 

All  masonry  arches  shall  be  capable  of  sustaining  the 
weight  and  pressure  which  they  are  designed  to  carry,  and 
the  stress  at  any  point  shall  not  exceed  the  working  stress 
for  the  material  used,  as  given  in  section  139  of  this  Code. 
Tie  rods  shall  be  used  where  necessary  to  secure  stability. 
(Id.,  sec.  42,  rev.  from  L.  1882,  ch.  410,  §  481,  as  amend.) 

§  43.  Parapet  Walls. —  All  exterior  and  division  or  party 
walls  over  fifteen  feet  high,  excepting  where  such  walls  are 
to  be  finished  with  cornices,  gutters  or  crown  mouldings, 
shall  have  parapet  walls  not  less  than  eight  inches  in  thick- 
ness and  carried  two  feet  above  the  roof,  but  for  ware- 
houses, factories,  stores  and  other  buildings  used  for  com- 
mercial or  manufacturing  purposes,  the  parapet  walls  shall 
be  not  less  than  twelve  inches  in  thickness  and  carried  three 
feet  above  the  roof,  and  all  such  walls  shall  be  coped  with 
stone,  terra-cotta  or  cast  iron.  (Id.,  sec.  43,  rev.  from 
L.  1882,  ch.  410,  §  479,  as  amemd.) 

§  44.  Hollow  Walls. —  In  all  walls  that  are  built  hollow 
the  same  quantity  of  stone,  brick  or  concrete  shall  be  used 
in  their  construction  as  if  they  were  built  solid  as  in  this 
Code  provided,  and  no  hollow  wall  shall  be  built  unless  the 
parts  of  same  are  connected  by  proper  ties,  either  of  brick, 
stone  or  iron,  placed  not  over  twenty-four  inches  apart. 
(Id.,  sec.  44,  rev.  from  L.  1882,  ch.  410,  §  479,  as  amend.) 

§  45.  Hollow  Bricks  on  Inside  of  Walls. —  The  inside  four 
inches  of  all  walls  may  be  built  of  hard-burnt  hollow  brick, 
properly  tied  and  bonded  into  the  walls  and  of  the  dimen- 
sion of  ordinary  bricks.  Where  hollow  tile  or  porous  terra- 
cotta blocks  are  used  as  lining  or  furring  for  walls,  they 
shall  not  be  included  in  the  measurement  of  the  thickness 
of  such  walls.  (Id.,  sec.  45,  rev.  from  L.  1882,  ch.  410,  §  479, 
as  amend.) 

§  46.  Recesses  and  Chases  in  Walls. —  Recesses  for  stair- 
ways or  elevators  may  be  left  in  the  foundation  or  cellar 
walls  of  all  buildings,  but  in  no  case  shall  the  walls  be  of 
less  thickness  than  the  walls  of  the  fourth  story,  unless 
reinforced  by  additional  piers  with  iron  or  steel  girders,  or 
iron  or  steel  columns  and  girders,  securely  anchored  to 
walls  on  each  side.  Recesses  for  alcoves  and  similar  pur- 
poses shall  have  not  less  than  eight  inches  of  brickwork  nt 
the  back  of  such  recesses,  and  such  recesses  shall  be  not  more 


ISS  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

than  eig-ht  feet  in  width,  and  shall  be  arched  over  or  spanned 
with  iron  or  steel  lintels,  and  not  carried  up  higher  than 
eighteen  inches  below  the  bottom  of  the  beams  of  the  floor 
next  above.  No  chase  for  water  or  other  pipes  shall  be  made  in 
any  pier,  and  in  no  wall  ifiore  than  one-third  of  its  thick- 
ness. The  chases  around  said  pipe  or  pipes  shall  be  filled 
up  with  solid  masonry  for  the  space  of  one  foot  at  the  top 
and  bottom  of  each  story.  No  horizontal  recess  or  chase  in 
any  wall  shall  be  allowed  exceeding  four  feet  in  length  with- 
out permission  of  the  Commissioner  of  Buildings  having  jur- 
isdiction. The  aggregate  area  of  recesses  and  chases  in  any 
wall  shall  not  exceed  one-fourth  of  the  whole  area  of  the 
face  of  the  wall  on  any  story,  nor  shall  any  such  recess  be 
made  within  a  distance  of  six  feet  from  any  other  recess  in 
the  same  wall.  (Id.,  sec.  46,  rev.  from  L.  1882,  ch.  410,  §  479, 
as  amend.) 

§  47.  Furred  Walls. —  In  all  walls  furred  with  wood,  the 
brickwork  between  the  ends  of  wood  beams  shall  project 
the  thickness  of  the  furring  beyond  the  inner  face  of  the 
wall  for  the  full  depth  of  the  beams.  (Id.,  sec.  47,  rev.  from 
L.  1882,  ch.  410,  §  479,  as  amend.) 

§  48.  Light  and  Vent  Shafts. —  In  every  building  hereafter 
erected  or  altered,  all  the  walls  or  partitions  forming  interior 
light  or  vent  shafts  shall  be  built  of  brick  or  such  other  fire- 
proof materials  as  may  be  approved  by  the  Commissioner  of 
Buildings  having  jurisdiction.  The  walls  of  all  light  or  vent 
shafts,  whether  exterior  or  interior,  hereafter  erected,  shall 
be  carried  up  not  less  than  three  feet  above  the  level  of  the 
roof,  and  the  brick  walls  coped  as  other  parapet  walls.  Vent 
shafts  to  light  interior  bathrooms  in  private  dwellings  may 
be  built  of  wood  filled  in  solidly  with  brick  or  hard-burnt 
clay  blocks,  when  extending  through  not  more  than  one 
story  in  height,  and  carried  not  less  than  two  feet  above  the 
roof,  covered  with  a  ventilating  skylight  of  metal  and  glass. 
(Id.,  sec.  48,  rev.  from  L.  1882,  ch.  410,  §  480,  as  amend.) 

§  49.  Brick  and  Hollow  Tile  Partitions. —  Eight-inch  brick 
and  six-inch  and  four-inch  hollow  tile  partitions  of  hard- 
burnt  clay  or  porous  terra-cotta  may  be  built,  not  exceeding 
in  their  vertical  portions  a  measurement  of  fifty,  thirty-six 
and  twenty-four  feet,  respectively,  and  in  their  horizontal 
measurement  a  length  not  exceeding  seventy-five  feet,  unless 
strengthened  by  proper  crosswalls,  piers  or  buttresses,  or 
built  in  iron  or  steel  framework.  All  such  partitions  shall 
be  carried  on  proper  foundations,  or  on  iron  or  steel  girders, 
or  on  iron  or  steel  girders  and  columns  or  piers  of  masonry. 
(Id.,  sec.  49,  rev.  from  L.  1882,  ch.  410,  §  480,  as  amend.) 

§  50.  Cellar  Partitions  in  Residence  Buildings. —  One  line 
of  fore-and-aft  partitions  in  the  cellar  or  lowest  story,  sup- 
porting stud  partitions  above,  in  all  residence  buildings  over 
twenty  feet  between  bearing  walls  in  the  cellar  or  lowest 
story,  hereafter  erected,  shall  be  constructed  of  brick,  not 
less  than  eight  inches  thick,  or  piers  of  brick  with  openings 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.     I8f) 

arched  over  below  the  under  side  of  the  first  tier  of  beams, 
or  girders  of  iron  or  steel  and  iron  columns,  or  piers  of 
masonry,  may  be  used;  or  if  iron  or  steel  floor  beams  span- 
ning- the  distance  between  bearing  walls  are  used,  of  ade- 
quate sti"ength  to  support  the  stud  partitions  above  in  addi- 
tion to  the  floor  load  to  be  sustained  by  the  said  iron  or 
steel  beams,  then  the  fore-and-aft  brick  partition,  or  its 
equivalent,  may  be  omitted. 

Stud  partitions,  which  may  be  placed  in  the  cellar  or 
lowest  story  of  any  building,  shall  have  good,  solid,  stone  or 
brick  foundation  walls  under  the  same,  which  shall  be  built 
up  to  the  top  of  the  floor  beams  or  sleepers,  and  the  sills 
of  said  partitions  shall  be  of  locust  or  other  suitable  hard 
wood;  but  if  the  walls  are  built  five  inches  higher  of  brick 
than  the  top  of  the  floor  beams  or  sleepers,  any  wooden 
sill  may  be  used  on  which  the  studs  shall  be  set.  (Id., 
sec.  50,  rev.  from  L.  1882,  ch.  410,  §  480,  as  amend.) 

§  51.  Main  Stifti  Partitions. —  In  residence  buildings, 
where  fore-and-aft  stud  partitions  rest  directly  over  each 
other,  they  shall  run  down  between  the  wood  floor  beams 
and  rest  on  the  top  plate  of  the  partition  below,  and  shall 
have  the  studding  filled  in  solid  between  the  uprights  to  the 
depth  of  the  floor  beams  wdth  suitable  incombustible 
materials.  (Id.,  sec.  51,  rev.  from  L.  1882,  ch.  410,  §  480, 
as  amend.) 

§  52.  Timber  in  Walls  Prohibited. —  No  timber  shall  be 
used  in  any  wall  of  any  building  where  stone,  brick  or  iron 
is  commonly  used,  except  inside  lintels,  as  herein  provided, 
and  brace  blocks,  not  more  than  eight  inches  in  length. 
(Id.,  sec.  52,  rev.  from  L.  1882,  ch.  410,  §  488,  as  amend.) 

Part  7. —  Apartment  Houses,  Tenement  Houses  and  Dwellings  of 
Certain  Heights. 
§  53.  Apartment  Houses,  Tenement  Houses  and  Dwellings 
of  Certain  Heights. —  Every  non-fireproof  building  hereafter 
erected  or  altered  for  an  apartment  house  or  tenement 
house,  five  stories  in  height,  or  having  a  basement  and  four 
stories  in  height  above  a  cellar,  to  be  occupied  by  one  or 
more  families  on  any  floor  above  the  first  shall  have  the 
first  floor  above  the  cellar  or  lowest  story  constructed  fire- 
proof in  such  manner  as  required  in  section  106  of  this  Code. 
When  any  such  non-fireproof  building  exceeding  five  stories 
in  height  or  having  a  basement  and  five  stories  in  height 
above  a  cellar  has  a  store  on  the  first  story,  the  entire 
second  story  floor  shall  also  be  constructed  fireproof.  No 
non-fireproof  apartment  house,  tenement  house  or  dwelling 
house  shall  be  hereafter  erected  more  than  six  stories  in 
height,  nor  exceed  a  height  of  seventy-five  feet,  unless  such 
building  has  both  the  first  and  second  story  floors  con- 
structed fireproof,  and  then  the  height  shall  be  not  more 
than  seven  stories  nor  exceed  eighty-five  feet  in  height. 
Fireproof    apartment    houses    or    tenement   houses,    if    con- 


190  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

structed  entirely  in  accordance  with  the  requirements  of 
section  105  of  this  Code,  for  fireproof  construction  may  be 
erected  to  a  height  not  to  exceed  150  feet,  but  not  more  than 
twelve  stories  in  height  upon  all  streets  and  avenues  exceed- 
ing seventy-nine  feet  in  width,  and  125  feet,  but  not  more 
than  ten  stories  in  height  upon  all  streets  and  avenues  not 
exceeding  seventy-nine  feet  in  width,  but  any  such  building, 
when  exceeding  100  feet  in  height,  shall  be  not  less  than 
forty  feet  in  width.  If  any  such  building  shall  have  a  front- 
age exceeding  forty  feet  and  exceeds  eighty-five  feet  in 
height,  it  shall  have  at  least  two  separate  fireproof  stair- 
ways accessible  from  each  apartment,  leading  from  the 
ground  floor  to  the  roof,  one  of  which  shall  be  remote  from 
elevator  shafts. 

The  stairs  from  the  cellar  or  lowest  story  to  the  fireproof 
floor  next  above,  when  placed  within  any  such  building,  shall 
be  located,  when  practicable,  to  the  rear  of  the  staircase 
leading  from  the  first  story  to  the  upper  stories  and  be 
inclosed  with  brick  or  stone  walls,  and  such  stairway  shall 
be  provided  with  self-closing  fireproof  doors  at  the  top  and 
bottom  of  said  flight  of  stairs.  When  such  stairway  is  placed 
underneath  the  first  story  staircase,  it  shall  be  constructed 
fireproof  and  be  roofed  over  with  fireproof  material,  and  be 
also  inclosed  with  brick  walls,  with  self-closing  fireproof 
doors  at  the  top  and  bottom  of  said  fiight  of  stairs. 

When  the  stairs  from  the  first  story  to  the  cellar  or  lowest 
story  are  located  in  an  open  side  court  the  door  leading 
thereto  from  the  first  story  may  be  placed  underneath  the 
staircase  in  the  first  story,  and  the  strings  and  railings  of 
such  outside  stairs  shall  be  of  iron,  and  if  the  stairs  be 
inclosed  from  the  weather  incombustible  material  only  shall 
be  used  for  that  purpose.  No  closet  shall  be  constructed 
underneath  the  first  story  staircase,  but  the  space  there- 
under shall  be  left  entirely  open  and  kept  free  from  incum- 
brance, but  this  shall  not  prohibit  the  inclosing  without 
openings  the  under  portions  of  the  staircase  from  the  foot  of 
the  same  to  a  point  where  the  height  from  the  floor  line  to 
the  soffit  of  the  staircase  shall  not  exceed  flve  feet. 

All  non-flreproof  apartment  houses  and  tenement  houses 
exceeding  flve  stories  in  height,  or  having  a  basement  and 
five  stories  in  height  above  a  cellar,  shall  be  constructed  as 
in  this  section  before  described,  and  shall  also  have  the  halls 
and  stairs  inclosed  with  twelve-inch  brick  walls.  Eight- 
inch  brick  walls  not  exceeding  fifty  feet  in  their  vertical 
measurement,  may  inclose  said  halls  and  stairs,  and  be  used 
as  bearing  walls  where  the  distance  between  the  outside 
bearing  walls  does  not  exceed  thirty-three  feet,  and  the 
area  between  the  said  brick  inclosure  walls  does  not  exceed 
180  superficial  feet.  The  floors,  stairs  and  ceilings  in  said 
halls  and  stairways  shall  be  made  of  iron,  steel,  brick,  stone, 
tile,  cement  or  other  hard  incombustible  materials,  excepting 
that  the  flooring  and  sleepers  underneath  the  same  may  be 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  191 

of  wood  and  the  handrails  of  the  stairs  may  be  of  hard 
wood,  and  the  treads  may  be  of  oak  not  less  than  one  and 
five-eighths  inches  in  thickness,  provided  that  where  such 
wooden  treads  are  used  the  under  side  of  the  stairs  shall 
be  entirely  lathed  with  iron  or  wire  lath,  and  plastered 
thereon,  or  covered  with  metal.  At  least  one  flight  of  such 
stairs  in  each  of  said  buildings  shall  extend  to  the  roof,  and 
be  inclosed  in  a  bulkhead  built  of  fireproof  materials.  The 
said  halls  and  stairways  shall  have  a  connecting  fireproof 
hallway  inclosed  with  suitable  walls  of  brick  or  such  other 
fireproof  materials,  including  the  ceiling  in  all  cases,  as  may 
be  approved  by  the  Commissioner  of  Buildings  having  juris- 
diction, in  the  first  story  and  extend  to  the  street.  (Id., 
sec.  53,  rev.  from  L.  1882,  ch.  410,  §  480,  as  amend.) 

Part  8. —  YaultSf  Areas  and  Cellars. 

§  54.  Cellars  to  be  Connected  with  Sewers. —  Before  the 
walls  of  buildings  are  carried  up  above  the  foundation  walls 
the  cellar  shall  be  connected  with  the  street  sewers.  Should 
there  be  no  sewer  in  the  street,  or  if  the  cellars  are  below 
water  level,  or  below  the  sewer  level,  then  provision  shall  be 
made  by  the  owner  to  prevent  water  accumulating  in  the 
cellars  to  the  injury  of  the  foundations.  (Id.,  sec.  54,  rev. 
from  L.  1882,  ch.  410,  §  474,  as  amend.) 

§  55.  Vaults  Under  Sidewalks. —  In  buildings  where  the 
space  under  the  sidewalk  is  utilized,  a  sufficient  stone  or 
brick  wall,  or  brick  arches  between  iron  or  steel  beams, 
shall  be  built  to  retain  the  roadway  of  the  street,  and 
the  side,  end  or  party  wails  of  such  building  shall  ex- 
tend under  the  sidewalk  of  sufficient  thickness,  to 
such  wall.  The  roofs  of  all  vaults  shall  be  of  incom- 
bustible material.  Openings  in  the  roofs  of  vaults  for 
the  admission  of  coal  or  light,  or  for  manholes,  or  for 
any  other  purposes,  if  placed  outside  the  area  line,  shall  be 
covered  with  glass  set  in  iron  frames,  each  glass  to  measure 
not  more  than  sixteen  square  inches,  or  with  iron  covers 
having  a  rough  surface,  and  rabbeted  flush  with  the  side- 
walk. When  any  such  cover  is  placed  In  any  sidewalk,  it 
shall  be  placed  as  near  as  practicable  to  the  outside  line  of 
the  curb.  All  vaults  shall  be  thoroughly  ventilated.  (Id., 
sec.  55,  rev.  from  L.  1882,  ch.  410,  §  475,  as  amend.) 

See  cases  cited  under  Vaults,  in  G.   O.,   sec.   170. 

§  56.  Areas. —  All  areas  shall  be  properly  protected  with 
suitable  railings  or  covered  over. 

When  areas  are  covered  over,  iron  or  iron  and  glass  com- 
bined, stone  or  other  incombustible  materials  shall  be  used 
and  supported  on  brick  or  stone  walls,  or  on  iron  or  steel 
beams.  (Id.,  sec.  56,  rev.  from  L.  1882,  ch.  410,  §  475,  as 
amend.) 

See  cases  cited  under  Areas  in  G.  O.,  sec.  180. 

§  57.  Cellar  Floors. —  The  floor  of  the  cellar  or  lowest 
story  in  every  dwelling  house,  apartment  house,  tenement 


192  CODE  OF  ORDINANCES  OF  THE   CITY   OF  NEW  YORK. 

house,  lodging  house,  hotel,  workshop,  factory,  school, 
church,  hospital  and  asylum  hereafter  erected,  shall  be  con- 
creted not  less  than  four  inches  thick. 

Where  wood  floors  are  to  be  laid  in  such  cellars  or  lowest 
stories,  the  sleepers  shall  be  placed  on  top  of  the  concrete. 
(Id.,  sec.  57,  rev.  from  L.  1882,  ch.  410,  §  480,  as  amend.) 

§  58.  Cellar  Ceilings. —  The  ceiling  over  every  cellar  or 
lowest  floor  in  every  residence  building  more  than  four 
stories  in  height,  hereafter  erected,  when  the  beams  are  of 
wood,  shall  be  lathed  with  iron  or  wire  lath  and  plastered 
thereon  with  two  coats  of  brown  mortar  of  good  materials, 
or  such  other  fireproof  covering  as  may  be  approved  by  the 
Commissioner  of  Buildings  having  jurisdiction.  ''Id.,  sec.  58, 
rev.  from  L.  1882,  ch.  410,  §  480,  as  amend.) 

Part  9. —  Wood  Beams,  Girders  and  Columns. 

§  59^  Wood  Beams. —  All  wood  beams  and  other  timbers 
in  the*  party  wall  of  every  building  built  of  stone,  brick  or 
iron  shall  be  separated  from  the  beam  or  timber  entering 
in  the  opposite  side  of  the  wall  by  at  least  four  inches  of 
solid  mason  work.  No  wood  floor  beams  or  wood  roof 
beams  used  in  any  building  hereafter  erected  shall  be  of  a 
less  thickness  than  three  inches.  All  wood  trimmer  and 
header  beams  shall  be  proportioned  to  carry  with  safety 
the  loads  they  are  intended  to  sustain.  Every  wood  header 
or  trimmer  more  than  four  feet  long,  used  in  any  building, 
shall  be  hung  in  stirrup  irons  of  suitable  thickness  for  the 
size  of  the  timbers.  Every  wood  beam,  except  header  and 
tail  beams,  shall  rest  at  one  end  four  inches  in  the  wall,  or 
upon  a  girder',  as  authorized  by  this  Code.  The  ends  of  all 
wood  floor  and  roof  beams,  where  they  rest  on  brick  walls, 
shall  be  cut  to  a  bevel  of  three  inches  on  their  depth.  In 
no  case  shall  either  end  of  a  floor  or  roof  beam  be  supported 
on  stud  partitions,  except  in  frame  buildings.  All  wood 
floor  and  wood  roof  beams  shall  be  properly  bridged  with 
cross  bridging,  and  the  distance  between  bridging  or  between 
bridging  and  walls  shall  not  exceed  eight  feet.  All  wood 
beams  shall  be  trimmed  away  from  all  flues  and  chimneys, 
whether  the  same  be  a  smoke,  air  or  any  other  flue  or  chim- 
ney. The  trimmer  beam  shall  not  be  less  than  eight  inches 
from  the  inside  face  of  a  flue,  and  four  inches  from  the  out- 
side af  a  chimney  breast,  and  the  header  beam  not  less  than 
two  inches  from  the  outside  face  of  the  brick  or  stone  work 
of  the  same;  except  that  for  the  smoke  flues  of  boilers  and 
furnaces  where  the  brickwork  is  required  to  be  eight  inches 
in  thickness,  the  trimmer  beam  shall  be  not  less  than  twelve 
inches  from  the  inside  of  the  flue.  The  header  beam,  carry- 
ing the  tail  beams  of  a  floor,  and  supporting  the  trimmer 
arch  in  front  of  a  fireplace,  shall  be  not  less  than  twenty 
inches  from  the  chimney  breast.  The  safe  carrying  capacity 
of  wood  beams  for  uniformly  distributed  loads  shall  be 
determined  by  mutiplying-  the  area  in  square  inches  by  its 


CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  193 

depth  in  inches  and  dividing  ths  product  by  the  span  of  the 
beam  in  feet.  This  result  is  to  be  multiplied  by  seventy 
for  hemlock,  ninety  for  spruce  and  white  pine,  120  for  oak 
and  by  140  for  yellow  pine.  The  safe  carrying-  capacity  of 
short  span  timber  beams  shall  be  determined  by  their 
resistance  to  shear  in  accordance  with  the  unit  stresses 
lixed  by  section  139  of  this  Code.  (Id,,  sec.  59,  rev.  from 
L.  1882,  ch.  410,  sec.  488,  as  amend.) 

§  60.  Anchors  and  Straps  for  Wood  Beams  and  Girders. — 
Each  tier  of  beams  shall  be  anchored  to  the  side,  front,  rear 
or  party  walls  at  intervals  of  not  more  than  six  feet  apart, 
with  good,  strong,  wrought-iron  anchors  of  not  less  than 
one  and  one-half  inches  by  three-eighths  of  an  inch  in  size, 
well  fastened  to  the  side  of  the  beams  by  two  or  more  nails 
made  of  wrought  iron  at  least  one-quarter  of  an  inch  in 
diameter.  Where  the  beams  are  supported  by  girders,  the 
girders  shall  be  anchored  to  the  walls  and  fastened  to  each 
other  by  suitable  iron  straps.  The  ends  of  wood  beams 
resting  upon  girders  shall  be  butted  together  end  to  end  and 
strapped  by  wrought-iron  straps  of  the  same  size  and  dis- 
tance apart,  and  in  the  same  beam  as  the  wall  anchors,  and 
shall  be  fastened  in  the  same  manner  as  said  wall  anchors. 

Or  they  may  lap  each  other  at  least  twelve  inches  and  be 
well  spiked  or  bolted  together  where  lapped. 

Each  tier  of  beams  front  and  rear,  opposite  each  pier,  shall 
have  hardwood  anchor  strips  dovetailed  into  the  beams 
diagonally,  which  strips  shall  cover  at  least  four  beams  and 
be  one  inch  thick  and  four  inches  wide,  but  no  such  anchor 
strips  shall  be  let  in  within  four  feet  of  the  centre  line  of 
the  beams;  or  wood  strips  may  be  nailed  on  the  top  of  the 
beams  and  kept  in  place  until  the  floors  are  being  laid. 
Every  pier  and  wall,  front  or  rear,  shall  be  well  anchored  to 
the  beams  of  each  story,  with  the  same  size  anchors  as  are 
required  for  side  walls,  which  anchors  shall  hook  over  the 
fourth  beam.  (Id.,  sec.  60,  rev.  from  L.  1882,  ch.  410,  §  488, 
as  amend.) 

§  61.  Wood  Columns  and  Plates. —  All  timber  columns 
shall  be  squared  at  the  ends  perpendicular  to  their  axes. 

To  prevent  the  unit  stresses  from  exceeding  those  fixed 
in  this  Code,  timber  or  iron  cap  and  base  plates  shall  be 
provided. 

Additional  iron  check  plates  shall  be  placed  between  the 
cap  and  base  plates  and  bolted  to  the  girders  when  required 
to  transmit  the  loads  with  safety.  (Id.,  sec.  61.) 
*  §  62,  Timber  for  Trusses. —  When  compression  members 
of  trusses  are  of  timber  they  shall  be  strained  in  the  direc- 
tion of  the  fibre  only.  When  timber  is  strained  in  tension 
it  shall  be  strained  in  the  direction  of  the  fibre  only.  The 
working  stress  in  timber  struts  of  pin-connected  trusses 
shall  not  exceed  seventy-five  per  cent,  of  the  working 
stresses  established  m  section  139,  this  Code.     (Id.,  sec.  62.) 

§  63.    Bolts  and  Washers  for  Timber  Work.—  All  bolts  used 

13 


194  CODE  OF  ORDINANCES  OF  THE  CITY   OF  NEW  YORK. 

in  connection  with  timber  and  wood  beam  work  shall  be 
provided  with  washers  of  such  proportions  as  will  reduce 
the  compression  on  the  wood  at  the  face  of  the  washer  to 
that  allowed  in  section  139,  this  Code,  supposing  the  bolt  to 
be  strained  to  its  limit.     (Id.,  sec.  63.) 

Part  10. —  Chimneys,  Flues,  Fireplaces  and  Heating  Pipes. 

§  64.  Trimmer  Arches. —  All  fireplaces  and  chimney 
breasts  where  mantels  are  placed,  whether  intended  for 
ordinary  fireplace  uses  or  not,  shall  have  trimmer  arches  to 
support  hearths,  and  the  said  arches  shall  be  at  least  twenty 
inches  in  width,  measured  from  the  face  of  the  chimney 
breast,  and  they  shall  be  constructed  of  brick,  stone  or  burnt 
clay.  The  length  of  a  trimmer  arch  shall  be  not  less  than 
the  width  of  the  chimney  breast.  Wood  centres  under  trim- 
mer arches  shall  be  removed  before  plastering  the  ceiling 
underneath.  If  a  heater  is  placed  in  a  fireplace,  then  the 
hearth  shall  be  the  full  width  of  the  heater.  All  fireplaces 
in  which  heaters  are  placed  shall  have  incombustible  man- 
tels. No  wood  mantel  or  other  woodwork  shall  be  exposed 
back  of  a  summer  piece;  the  ironwork  of  the  summer  piece 
shall  be  placed  against  the  back  or  stone  work  of  the  tire- 
place.  No  fireplace  shall  be  closed  with  a  wood  fireboard. 
(Id.,  sec.  64.) 

§  65.  Chimneys,  Flues  and  Fireplaces. —  All  fireplaces  and 
chimneys  in  stone  or  brick  walls  in  any  building  hereafter 
erected,  except  as  herein  otherwise  provided,  and  any  chim- 
ney or  flue  hereafter  altered  or  repaired,  without  reference 
to  the  purpose  for  which  they  may  be  used,  shall  have  the 
joints  struck  smooth  on  the  inside,  except  when  lined  on  the 
inside  with  pipe.  No  parging  mortar  shall  be  used  on  the 
inside  of  any  fireplace,  chimney  or  flue.  The  firebacks  of 
all  fireplaces  here'after  erected  shall  be  not  less  than  eight 
inches  in  thickness,  of  solid  masonry.  When  a  grate  is  set 
in  a  fireplace  a  lining  of  firebrick,  at  least  two  inches  in 
thickness,  shall  be  added  to  the  fireback,  unless  soapstone, 
tile  or  cast  iron  is  used,  and  filled  solidly  behind  with  fire- 
proof material.  The  stone  or  brickwork  of  the  smoke  flues 
of  all  boilers,  furnaces,  bakers'  ovens,  large  cooking  ranges, 
large  laundry  stoves,  and  all  flues  used  for  a  similar  purpose 
shall  be  at  least  eight  inches  in  thickness,  and  shall  be 
capped  with  terra-cotta,  stone  or  cast  iron. 

The  inside  four  inches  of  all  boiler  flues  shall  be  firebrick, 
laid  in  fire  mortar,  for  a  distance  of  twenty-five  feet  in  any. 
direction  from  the  source  of  heat.  All  smoke  flues  of  smelt- 
ing furnaces  or  of  steam  boilers,  or  other  apparatus  which 
heat  the  flues  to  a  high  temperature,  shall  be  built  with 
double  walls  of  suitable  thickness  for  the  temperature,  with 
an  air  space  between  the  walls,  the  inside  four  inches  of  the 
flues  to  be  of  firebrick.  All  smoke  flues  shall  extend  at 
least  three  feet  above  a  flat  roof,  and  at  least  two  feet  above 
a  peak  roof. 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  195 

On  dwelling  houses  and  stables,  three  stories  or  less  in 
height,  not  l«ss  than  six  of  the  top  courses  of  a  chimney 
may  be  laid  in  pure  cement  mortar  and  the  brickwork  care- 
fully bonded  and  anchored  together  in  lieu  of  coping. 

In  all  buildings  hereafter  erected  every  smoke  flue,  except 
the  flues  hereinbefore  mentioned,  shall  be  lined  on  the  inside 
with  cast  iron  or  well-burnt  clay,  or  terra-cotta  pipe,  made 
smooth  on  the  inside,  from  the  bottom  of  the  flue,  or  from 
the  throat  of  thie  fireplace,  if  the  flue  starts  from  the  latter, 
and  carried  up  continuously  to  the  extreme  height  of  the 
flue.  The  ends  of  all  such  lining  pipes  shall  be  made  to  flt 
close  together,  and  the  pipe  shall  be  built  in  as  the  fl»e  or 
flues  are  carried  up.  Each  smoke  pipe  shall  be  inclosed  on 
all  side  with  not  less  than  four  inches  of  brickwork  properly 
bonded  together. 

All  flues  in  every  building  shall  be  properly  cleaned  and 
all  rubbish  removed,  and  the  flues  left  smooth  on  the  insjde 
upon  the  completion  of  the  building.  (Id.,  sec.  65,  rev.  from 
L.  1882,  ch.  410,  §  489,  as  amend.) 

§  66.  Chimney  Supports. —  No  chimney  shall  be  started 
or  built  upon  any  floor  or  beam  of  wood. 

In  no  case  shall  a  chimney  be  corbeled  out  more  than 
eight  inches  from  the  wall,  and  in  all  such  cases  the  corbel- 
ing shall  consist  of  at  least  five  courses  of  brick,  but  no  cor- 
beling more  tiian  four  inches  shall  be  allowed  in  eight-inch 
brick  walls.  Where  chimneys  are  supported  by  piers,  the 
piers  shall  start  from  the  foundation  on  the  same  line  with 
the  chimney  breast,  and  shall  be  not  less  than  twelve  inches 
on  the  face,  properly  bonded  into  the  walls.  When  a  chim- 
ney is  to  be  cut  off  below,  in  whole  or  in  part,  it  shall  be 
wholly  supported  by  stone,  brick,  iron  or  steel.  All  chim- 
neys which  shall  be  dangerous  in  any  manner  whatever, 
shall  be  repaired  and  made  safe,  or  taken  down.  (Id., 
sec.  66,  rev.  from  L.  1882,  ch.  410,  §  489,  as  amend.) 

§  67.  Chimneys  of  Cupolas. —  Iron  cupola  chimneys  of 
foundries  shall  extend  at  least  ten  feet  above  the  highest 
point  of  any  roof  within  a  radius  of  fifty  feet  of  such 
cupola,  and  be  covered  on  top  with  a  heavy  wire  netting. 
No  woodwork  shall  be  placed  within  two  feet  of  the  cupola. 
(Id.,  sec.  67,  rev.  from  L.  1882,  ch    410,  §  489,  as  amend.) 

§  68.  Hot-Air  Flues,  Pipes  and' Vent  Ducts. —  All  stone  or 
brick  hot-air  flues  and  shafts  shall  be  lined  with  tin,  gal- 
vanized iron  or  burnt-clay  pipes.  No  wood  casing,  furring 
or  lath  shall  be  placed  against  or  cover  any  smoke  flue  or 
metal  pipe  used  to  convey  hot  air  or  steam.  No  smoke  pipe 
shall  pass  through  any  wood  floor.  No  stovepipe  shall  be 
placed  nearer  than  nine  inches  to  any  lath  and  plaster  or 
board  partition,  ceiling  or  any  woodwork.  Smoke  pipes  of 
laundry  stoves,  large  cooking  ranges  and  of  furnaces  shall 
be  not  less  than  fifteen  inches  from  any  v^^odwork,  unless 
they  are  properly  guarded  by  metal  shields;  if  so  guarded, 
stovepipes  shall  be  not  less  than  six  inches  distant,  smoke 


196  CODE  OF  ORDIIQANCES  OF  THE  CITY  OF  KEW  VCKK. 

pipes  of  laundry  stoves,  larg-e  cooking  ranges  and  of  fur- 
naces shall  be  not  less  than  nine  inches  distant  from  any 
woodwork.  WTiere  smoke  pipes  pass  through  a  lath  and 
plaster  partition  they  shall  be  guarded  by  galvanized  iron 
ventilated  thimbles  at  least  twelve  inches  larger  in  diameter 
than  the  pipes,  or  by  galvanized  iron  thimbles  built  in  at 
least  eight  inches  of  brickwork.  No  smoke  pipe  shall  pass 
through  the  roof  of  any  building  unless  a  special  permit  be 
first  obtained  from  the  Building  Department  for  the  same. 
If  a  permit  is  so  granted,  then  the  roof  through  which  the 
smoke  pipe  passes  shall  be  protected  in  the  following  man- 
ner: A  galvanized  iron  ventilated  thimble  of  the  following 
dimensions  shall  be  placed;  in  case  of  a  stovepipe,  the  diam- 
eter of  the  outside  guard  shall  be  not  less  than  twelve  inches 
and  the  diameter  of  the  inner  one,  eight  inches,  and  for  all 
furnaces,  or  where  similar  large  hot  fires  are  used,  the 
diameter  of  the  outside  guard  shall  be  not  less  than  eighteen 
inches  and  the  diameter  of  the  inner  one,  twelve  inches. 
The  smoke-pipe  thimbles  shall  extend  from  the  under  side 
of  the  ceiling  or  roof  beams  to  at  least  nine  inches  above  the 
roof,  and  they  shall  have  openings  for  ventilation  at  the 
lower  end  where  the  smoke  pipes  enter,  also  at  the  top  of 
the  guards  above  the  roof.  Where  a  smoke  pipe  of  a  boiler 
passes  through  a  roof,  the  same  shall  be  guarded  by  a  ven- 
tilated thimble,  same  as  before  specified,  thirty-six  inches 
larger  than  the  diameter  of  the  smoke  pipe  of  the  boiler. 
Tin  or  other  metal  pipes  in  brick  or  stone  walls,  used  or 
intended  to  be  used  to  convey  heated  air,  shall  be  covered 
wdth  brick  or  stone  at  least  four  inches  in  thickness.  Wood- 
work near  hot-air  pipes  shall  be  guarded  in  the  following 
manner:  A  hot-air  pipe  shall  be  placed  inside  another  pipe, 
one  inch  larger  in  diameter,  or  a  metal  shield  shall  be  placed 
not  less  than  one-half  inch  from  the  hot-air  pipe;  the  out- 
side pipe  or  the  metal  shield  shall  remain  one  and  one-half 
inches  away  from  the  woodwork  and  the  latter  must  be  tin 
lined,  or  in  lieu  of  the  above  protection,  four  inches  of 
brickwork  may  be  placed  between  the  hot-air  pipe  and  the 
woodwork.  This  shall  not  prevent  the  placing  of  metal  lath 
and  plaster  directly  on  the  face  of  hot-air  pipes  or  the 
placing  of  woodwork  on  such  metal  lath  or  plaster,  pro- 
vided the  distance  is  not  less  than  seven-eighths  of  an  inch. 
No  vertical  hot-air  pipe  shall  be  placed  in  a  stud  partition, 
or  in  a  wood  inclosure,  unless  it  be  at  least  eight  feet  dis- 
tant in  a  horizontal  direction  from  the  furnace.  Hot-air 
pipes  in  closets  shall  be  double,  with  a  space  of  one  inch 
between  them.  Horizontal  hot-air  pipes  shall  be  placed  six 
inches  below  the  floor  beams  or  ceiling;  if  the  floor  beams 
or  ceiling  are  plastered  and  protected  by  a  metal  shield,  then 
the  distance  shall  be  not  less  than  three  inches. 

Vent  flues  or  ducts  for  the  removal  of  foul  or  vitiated  air 
in  which  the  temperature  of  the  air  cannot  exceed  that  of 
the  rooms,  may  be  constructed  of  iron,  or  other  incombus- 


CODE  OF  ORDINANCES  OF  THE   CITY  OF  NEW  YORK.  197 

tible  material,  and  shall  not  be  placed  nearer  than  one  inch 
to  any  woodwork,  and  no  such  pipe  shall  be  used  for  any 
other  purpose. 

In  the  support  or  construction  of  such  ducts,  if  placed  in  a 
public  school  room,  no  wood  furring-  or  other  inflammable 
material  shall  be  nearer  than  two  inches  to  said  flues  or 
ducts,  and  shall  be  covered  on  all  sides  other  than  those 
resting  against  brick,  terra-cotta,  or  other  incombustible 
material,  with  metal  lath  plastered  with  at  least  two  heavy 
coats  of  mortar,  and  having  at  least  one-half  inch  air  space 
between  the  flues  or  ducts  and  the  lath  and  plaster.  (Id., 
sec.  68,  rev.  from  L.  1882,  ch.  410,  §  489,  as  amend.) 

§  69.  Steam  and  Hot  Water  Heating  Pipes. —  Steam  or  hot 
water  heating  pipes  shall  not  be  placed  within  two  inches 
of  any  timber  or  woodwork,  unless  the  timber  or  woodwork 
is  protected  by  a  metal  shield;  then  the  distance  shall  be  not 
less  than  one  inch.  All  steam  or  hot  water  heating  pipes 
passing  through  floors  and  ceilings  or  lath  and  plastered 
partitions  shall  be  protected  by  a  metal  tube  one  inch  larger 
in  diameter  than  the  pipe  having  a  metal  cap  at  the  floor, 
and  where  they  are  run  in  a  horizontal  direction  between  a 
floor  and  ceiling,  a  metal  shield  shall  be  placed  on  the  under 
side  of  the  floor  over  them,  and  on  the  sides  of  wood  beams 
running  parallel  with  said  pipe. 

All  wood  boxes  or  casings  inclosing  steam  or  hot  water 
heating  pipes  and  all  wood  covers  to  recesses  in  walls  in 
which  steam  or  hot  water  heating  pipes  are  placed,  shall 
be  lined  with  metal. 

All  pipes  or  ducts  used  to  convey  air  warmed  by  steam  or 
hot  water  shall  be  of  metal  or  other  fireproof  material.  All 
steam  and  hot  water  pipe  coverings  shall  consist  of  fireproof 
materials  only.  (Id.,  sec.  69,  rev.  from  L.  1882,  ch.  410,  §  490, 
as  amend.) 

Part  11. —  General  Construction. 

§  70.  Ducts  for  Pipes. —  All  ducts  for  pipes,  wires,  and 
other  similar  purposes  shall  be  inclosed  on  all  sides  with 
fireproof  material,  and  the  opening  through  each  floor  shall 
be  properly  fire-stopped.     (Id.,  sec.  70.) 

§  71.  Studded-off  Spaces. — Where  walls  are  studded-ofp,  the 
space  between  the  inside  face  of  the  wall  and  the  studding 
shall  be  fire-stopped  with  fireproof  material  placed  on  the 
under  side  of  the  wood  beams  above,  for  a  depth  of  not  less 
than  four  inches,  and  be  securely  supported;  or  the  beams 
directly  over  the  studded-ofP  space  shall  be  deafened  with 
not  less  than  four  inches  of  fireproof  material,  which  may 
be  laid  on  boards  cut  in  between  the  beams.     (Id.,  sec.  71.) 

§  72.  Wainscoting. —  When  wainscoting  is  used  in  any 
building  hereafter  erected,  the  surface  of  the  wall  or  par- 
tition behind  such  wainscoting  shall  be  plastered  fiush  with 
the  grounds  and  down  to  the  floor  line.  (Id.,  sec.  72,  rev. 
from  L.  1882,  ch.  410,  §  480,  as  amend.) 


198  CODE  OF  OBDINANCES  OF  THE  CITY  OF  NEW  YORK. 

§  73.  Bay,  Oriel  and  Show  Windows. —  Bay  windows,  oriel 
windows  and  show  windows  on  the  street  front  or  side  of 
any  building-  may  project  not  more  than  one  foot  beyond 
the  building  line  and  shall  be  constructed  of  such  materials 
and  in  such  manner  as  will  meet  with  the  approval  of  the 
Department  of  Buildings. 

Any  such  window  that  does  not  extend  more  than  three 
feet  above  the  second-story  floor  of  any  dwelling-  house  may 
be  built  of  wood  covered  with  metal.     (Id.,  sec.  73,  rev.  from 
L.  1882,  ch.  410,  §  495,  as  amend.) 
See  cases  cited  under  Bay  Window,   in  G.  O.,  sec.  224. 

Part  12. —  Stairs  and  Entrance. 

§  74  Entrance  to  Basement. —  Every  dwelling  house  ar- 
rang-ed  for  or  occupied  by  two  or  more  families  above  the 
first  story,  hereafter  erected,  shall  be  provided  with  an 
entrance  to  the  basement  thereof  from  the  outside  of  such 
building.  (Id.,  sec.  74,  rev.  from  L.  1882,  ch.  410,  §  498, 
as  amend.) 

§  75.  Stairs,  Number  Regulated  by  Area  of  Building. —  In 
any  building  hereafter  erected  to  be  used  as  a  store,  factory, 
hotel  or  lodging  house,  covering-  a  lot  area  exceeding  2,500 
feet  and  not  exceeding  5,000  feet,  there  shall  be  provided  at 
least  two  continuous  lines  of  stairs  remote  from  each  other; 
and  every  such  building  shall  have  at  least  one  continuous 
line  of  stairs  for  each  5,000  feet  of  lot  area  coverec^  or  part 
thereof,  in  excess  of  that  required  for  5,000  feet  of  area. 
When  any  such  building  covers  an  area  of  lot  greater  than 
15,000  feet  the  number  of  stairs  shall  be  increased  propor- 
tionately, or  as  will  meet  with  the  approval  of  the  Commis- 
sioner of  Buildings  having  jurisdiction.     (Id.,  sec.  75.) 

§  76.  Engineers'  Stationary  Ladders. —  Every  building  in 
which  boilers  or  machinery  are  placed  in  the  cellar  or 
lowest  story  shall  have  stationary  iron  ladders  or  stairs 
from  such  story  leading  direct  to  a  manhole  above  on  the 
sidewalk,  or  other  outside  exit.     (Id.,  sec.  76.) 

§  77.  Slate  and  Stone  Treads  of  Stairs  to  be  Supported. — 
In  all  buildings  hereafter  erected  more  than  seven  stories  in 
height,  where  the  treads  and  landings  of  iron  stairs  are  of 
slate,  marble  or  other  stone,  they  shall  each  be  supported 
directly  underneath,  for  their  entire  length  and  width,  by 
an  iron  plate  made  solid  or  having  openings  not  exceeding 
four  inches  square  in  same,  of  adequate  strength  and 
securely  fastened  to  the  strings.  In  case  such  supporting 
plates  be  made  solid,  the  treads  may  be  of  oak,  not  less  than 
one  and  five-eighths  inches  thick.     (Id.,  sec.  77.) 

Part  13. —  Skylights  and  Floor  Lights. 

§  78.     Metal  Skylights. —  All  skylights  having  a  superficial 

area  of  more  than  nine  square  feet,  placed  in  any  building, 

shall  have  the  sashes  and  frames  thereof  constructed  of  iron 

and   glass.    Every   fireproof   roof  hereafter   placed   on  any 


CODE   OF   ORDINAI^CES  OF  THE  CITY   OF  NEW  YORK.  199 

building-  shall  have,  besides  the  usual  scuttle  or  bulkhead, 
a  skylight  or  skylights  of  a  superficial  area  equal  to  not  less 
than  one-fiftieth  the  superficial  area  of  such  fireproof  roof. 
Skylights  hereafter  placed  in  public  buildings,  over  any 
passagew^ay  or  room  of  public  resort,  shall  have  immediately 
underneath  the  glass  thereof  a  ware  netting,  unless  the 
glass  contains  a  wire  netting  within  itself.  (Id.,  sec.  78, 
rev.  from  L.  1882,  ch.  410,  §  494,  as  amend.) 

§  79.  Floor  Lights. —  Floor  lights,  used  for  transmission 
of  light  to  floors  below,  shall  be  constructed  of  metal 
frames  and  bars  or  plates,  and  if  any  glass  in  same  measures 
more  than  sixteen  square  inches,  the  glass  shall  be  pro- 
vided with  a  mesh  of  wire  either  in  the  glass  or  under  the 
same,  and  the  floor  lights  shall  be  of  the  same  proportional 
strength  as  the  floors  in  which  they  are  placed.    (Id.,  sec.  79.) 

Part  14. —  Inclosure  and  Shed  Coverings  for  the  Protection  of 
Pedestrians. 

§  80.  Inclosure  and  Shed  Coverings  for  the  Protection  of 
Pedestrians. —  Whenever  buildings  shall  be  erected  or 
increased  to  over  sixty-five  feet  in  height,  upon  or  along  any 
street,  the  owner,  builder  or  contractor  constructing  or 
repairing  such  buildings  shall  have  erected  and  maintained 
during  such  construction  or  repair  a  shed  over  the  sidewalk 
in  front  of  said  premises,  extending  from  building  line  to 
curb,  the  same  to  be  properly,  strongly  and  tightly  con- 
structed, so  as  to  protect  pedestrians  and  others  using  such 
streets.  Whenever  outside  scaffolds  are  required  to  carry  on 
the  construction  of  buildings  over  eighty-five  feet  in  height, 
whether  the  same  be  constructed  by  poles  or  thrust-out 
scaffold,  there  shall  be  erected  on  its  outer  edge  and  ends 
an  inclosure  of  wire  netting  of  not  over  two-inch  mesh,  or 
of  boards  not  less  than  three-fourths  of  an  inch  thick, 
placed  not  over  one  and  one-half  inches  apart,  well  secured 
to  uprights  not  less  than  two  inches  by  four  inches,  fas- 
tened to  planks  or  timbers,  and  resting  on  put  logs  or 
thrust  outs.  The  said  inclosure  shall  be  carried  up  at  least 
five  feet  in  advance  above  the  level  on  which  the  workmen 
employed  on  said  front  are  working.  The  said  thrust  outs 
shall  be  not  less  than  three  by  ten,  of  spruce  or  yellow  pine, 
and  to  be  doubled  or  tripled,  as  may  be  required  for  the 
load  to  be  carried,  and  to  be  thoroughly  braced  and  secured; 
or  said  timbers  can  be  in  one  stick,  if  proportioned  to  the 
load.  The  flooring  on  thrust  outs  and  put  logs  shall  be 
tightly  constructed  with  plank.  This  said  floor  and  inclosure 
shall  not  be  removed  until  a  like  floor  and  inclosure  is 
already  prepared  and  in  position  on  the  story  above.  In  all 
buildings  over  eighty-five  feet  in  height,  during  construction 
or  alteration,  the  windows  on  each  floor  above  the  second 
shall  be  properly  inclosed  as  soon  as  the  story  is  built.  If 
the  walls  of  such  buildings  are  carried  up  two  stories  or 


200  CODE  OF  ORDINANCES  OF  THE   CITY  OF  NEW  YORK. 

more  above  the  roofs  of  adjoining  buildings,  proper  means 
shall  be  provided  and  used  for  the  protection  of  skylights 
and  roofs  of  such  adjoining  buildings.  The  protection  over 
skylights  shall  be  of  stout  wire  netting  not  over  three- 
quarter-inch  mesh,  on  stout  timbers,  and  properly  secured. 
All  such  sheds  and  inclosures  are  to  be  subject  to  the 
inspection  of  the  Department  of  Buildings.  Should  said 
adjoining  owner,  tenant  or  lessee  refuse  to  grant  permission 
to  have  said  roofs  and  skylights  so  protected,  such  refusal 
by  said  owner,  tenant  or  lessee  shall  relieve  the  owner  of 
the  building  in  course  of  construction  from  any  responsi- 
bility for  damage  done  to  persons  or  property  on  or  %vithin 
the  premises  affected.  Should  such  inclosure  or  protection 
not  be  so  erected,  the  Commissioner  of  Buildings  having 
jurisdiction  shall  cause  a  notice  to  be  served  personally  upon 
the  owner,  or  his  authorized  agent,  constructing  or  repairing 
such  buildings,  or  the  owner,  tenant  or  lessee  of  adjoining 
premises,  requiring  such  inclosure  or  protection,  as  pro- 
vided in  this  section,  specifying  the  manner  in  which  same 
shall  be  erected;  and  if  such  inclosures  or  protection  are 
not  erected,  strengthened  or  modified  as  provided  in  such 
notice  within  three  days  after  the  service  thereof,  the  said 
Commissioner  of  Buildings  having  jurisdiction  shall  have  full 
power  and  authority  to  cause  such  inclosure  to  be  erected 
on  the  fronts  and  roofs  and  the  skylights  protected,  and  all 
expenses  connected  with  same  may  become  a  lien  on  the 
property  in  interest  so  inclosed  and  protected,  and  which 
lien  may  be  created  and  enforced  in  the  same  manner  as 
now  provided  for  in  section  156  of  this  Code.     (Id.,  sec.  80.) 

Part  15. —  Miscellaneous  Buildings. 

§  81.  Grain  Elevators. —  Nothing  in  this  Code  shall  be  so 
construed  as  to  apply  to  or  prevent  the  erection  of  what  are 
known  as  grain  elevators,  as  usually  constructed,  provided 
they  are  erected  on  tidewater,  or  adjacent  to  the  river  front 
in  said  city,  in  isolated  localities,  under  such  conditions  as 
the  Department  of  Buildings  may  prescribe,  including  loca- 
tion.    (Id.,  sec.  81,  rev.  from  L.  1882,  ch.  410,  §  484,  as  amend.) 

§  82.  Exhibition  Buildings. —  Buildings  for  fair  and  exhi- 
bition purposes,  towers  for  observation  purposes  and  struc- 
tures for  similar  uses,  whether  temporary  or  permanent  in 
character,  shall  be  constructed  in  such  manner  and  under 
such  conditions  as  the  Board  of  Buildings  may  prescribe. 
(Id.,  sec.  82.) 

§  83.  Smokehouses. —  All  smokehouses  shall  be  of  fire- 
proof construction,  with  brick  walls,  iron  doors  and  brick  or 
metal  roofs.  An  iron  guard  shall  be  placed  over  and  three 
feet  above  the  fire,  and  the  hanging  rails  shall  be  of  iron. 
The  walls  of  all  smokehouses  shall  be  built  up  at  least  three 
feet  higher  than  the  roof  of  the  building  in  which  they  are 
located.     (Id.,  sec.  83.) 


CODE  OF   ORDINANCES  OP  THE  CITY  OF  NEW  YORK.  201 

Part  16. —  Heating  Apparatus,  Drying  Rooms,   Gas   and   Water 

Pipes. 
§  84.  Heating-  Furnaces  and  Boilers. —  A  brick-set  boiler 
shall  not  be  placed  on  any  wood  or  combustible  floor  or 
beams.  Wood  or  combustilDle  floors  and  beams  under  and 
not  less  than  three  feet  in  front  and  one  foot  on  the  sides 
of  all  portable  boilers  shall  be  protected  by  a  suitable  brick 
foundation  of  not  less  than  two  courses  of  brick  well  laid  in 
mortar  on  sheet  iron;  the  said  sheet  iron  shall  extend  at 
least  twenty-four  inches  outside  of  the  foundation  at  the 
sides  and  front.  Bearing*  lines  of  bricks,  laid  on  the  flat, 
with  air  spaces  between  them,  shall  be  placed  on  the  foun- 
dation to  support  a  cast-iron  ash  pan  of  suitable  thickness, 
on  which  the  base  of  the  boiler  shall  be  placed,  and  shall 
have  a  flange,  turned  up  in  the  front  and  on  the  sides,  four 
inches  high;  said  pan  shall  be  in  width  not  less  than  the 
base  of  the  ijoiler  and  shall  extend  at  least  two  feet  in  front 
of  it.  If  a  boiler  is  suj)ported  on  a  cast-iron  base  with  a 
bottom  of  the  required  thickness  for  an  ash  pan,  and  is 
placed  on  bearing  lines  of  brick  in  the  same  manner  as 
specified  for  an  ash  pan,  then  an  ash  pan  shall  be  placed 
in  front  of  the  said  base  and  shall  not  be  required  to  extend 
under  it.  All  lath  and  plaster  and  wood  ceilings  and  beams 
over  and  to  a  distance  of  not  less  than  four  teet  in  front 
of  all  boilers  shall  be  shielded  with  metal.  The  distance 
from  the  top  of  the  boiler  to  said  shield  shall  be  not  less 
than  twelve  inches.  No  combustible  partition  shall  be 
within  four  feet  of  the  sides  and  back  and  six  feet  from 
the  front  of  any  boiler,  unless  said  partition  shall  be  cov- 
ered with  metal  to  the  height  of  at  least  three  feet  above  the 
floor,  and  shall  extend  from  the  end  or  back  of  the  boiler  to 
at  least  five  feet  in  front  of  it;  then  the  distance  shall  be  not 
less  than  two  feet  from  the  sides  and  five  feet  from  the 
front  of  the  boiler.  All  brick  hot-air  furnaces  shall  have  two 
covers,  with  an  air  space  of  at  least  four  inches  between 
them;  the  inner  cover  of  the  hot-air  chamber  shall  be  either 
a  brick  arch  or  two  courses  of  brick  laid  on  galvanized  iron 
or  tin,  supported  on  iron  bars;  the  outside  cover,  which  is 
the  top  of  the  furnace,  shall  be  made  of  brick  or  metal  sup- 
ported on  iron  bars,  and  so  constructed  as  to  be  perfectly 
tight,  and  shall  be  not  less  than  four  inches  below  any  com- 
bustible ceiling  or  floor  beams.  The  walls  of  the  furnace 
shall  be  built  hollow  in  the  following*  manner:  One  inner 
and  one  outer  wall,  each  four  inches  in  thickness,  properly 
bonded  together  with  an  air  space  of  not  less  than  three 
inches  between  them.  Furnaces  must  be  built  at  least  four 
inches  from  all  woodwork.  The  cold-air  boxes  of  all  hot- 
air  furnaces  shall  be  made  of  metal,  brick  or  other  incom- 
bustible material,  for  a  distance  of  at  least  ten  feet  from 
the  furnace.  All  portable  hot-air  furnaces  shall  be  placed  at 
least  two  feet  from  any  wood  or  combustible  partition  or 
ceiling,  unless  the  partitions  and  ceilings  are  properly  pro- 


202  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

tected  by  a  metal  shield,  when  the  distance  shall  be  not  Less 
than  one  foot.  Wood  floors  under  all  portable  furnaces  shall 
be  protected  by  two  courses  of  brickwork  well  laid  in  mortar 
on  sheet  iron.  Said  brickwork  shall  extend  at  least  two  feet 
beyond  the  furnace  in  front  of  the  ash  pan.  (Id.,  sec.  84, 
rev.  from  L.  1882,  ch.  410,  §  490,  as  amend.) 

§  85.  Registers. —  Registers  located  over  a  brick  furnace 
shall  be  supported  by  a  brick  shaft  built  up  from  the  cover 
of  the  hot-air  chamber;  said  shaft  shall  be  lined  with  a 
metal  pipe,  and  all  wood  beams  shall  be  trimmed  away  not 
less  than  four  inches  from  it.  Where  a  register  is  placed 
on  any  woodwork  in  connection  with  a  metal  pipe  or  duct, 
the  end  of  the  said  pipe  or  duct  shall  be  flanged  over  on  the 
woodwork  under  it.  All  registers  for  hot-air  furnaces  placed 
in  any  woodwork  or  combustible  floors  shall  have  stone  or 
iron  borders  firmly  set  in  plaster  of  paris  or  gauged  mortar. 
All  register  boxes  shall  be  made  of  tin  plate  or  galvanized 
iron  with  a  flange  on  the  top  to  fit  the  groove  in  the  frame, 
the  register  to  rest  upon  the  same;  there  shall  be  an  open 
space  of  two  inches  on  all  sides  of  the  register  box,  extend- 
ing- from  the  under  side  of  the  border  to  and  through  the 
ceiling  below.  The  said  opening  shall  be  fitted  with  a  tight 
tin  or  galvanized  iron  casing,  the  upper  end  of  which  shall 
be  turned  under  the  frame.  When  a  register  box  is  placed 
in  the  floor  over  a  portable  furnace,  the  open  space  on  all 
sides  of  the  register  box  shall  be  not  less  than  three  inches. 
When  only  one  register  is  connected  with  a  furnace  said 
register  shall  have  no  valve.  (Id.,  sec.  85,  rev.  from  L.  1882, 
ch.  410,  §  490,  as  amend.) 

§  86.  Drying  Rooms. —  All  walls,  ceilings  and  partitions 
inclosing  drying  rooms,  when  not  made  of  fireproof  material, 
shall  be  wire  lathed  and  plastered,  or  covered  with  metal, 
tile  or  other  hard  incombustible  material.     (Id.,  sec.  86.) 

§  87.  Ranges  and  Stoves. — Where  a  kitchen  range  is  placed 
from  twelve  to  six  inches  from  a  wood  stud  partition,  the 
said  partition  shall  be  shielded  with  metal  from  the  floor  to 
the  height  of  not  less  than  three  feet  higher  than  the  range; 
if  the  range  is  within  six  inches  of  the  partition,  then  the 
studs  shall  be  cut  away  and  framed  three  feet  higher  and 
one  foot  wider  than  the  range,  and  filled  in  to  the  face  of 
the  said  stud  partition  with  brick  or  fireproof  blocks,  and 
plastered  thereon.  All  ranges  on  wood  or  combustible  floors 
and  beams  that  are  not  supported  on  legs  and  have  ash  pans 
three  inches  or  more  above  their  base,  shall  be  set  on  suit- 
able brick  foundations,  consisting  of  not  less  than  two 
courses  of  brick  well  laid  in  mortar  on  sheet  iron,  except 
small  ranges  such  as  are  used  in  apartment  houses  that 
have  ash  pans  three  inches  or  more  above  their  base,  which 
shall  be  placed  on  at  least  one  course  of  brickwork  on  sheet 
iron  or  cement.  No  range  shall  be  placed  against  a  furred 
wall.  All  lath  and  plaster  or  wood  ceilings  over  all  larare 
ranges    and    ranges    in    hotels    and    restaurants,    shall    be 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  203 

guarded  by  metal  hoods  placed  at  least  nine  inches  below 
the  ceiling".  A  ventilating  pipe  connected  with  a  hood  over 
a  range  shall  be  at  least  nine  inches  from  all  lath  and  plaster 
or  woodwork,  and  shielded.  If  the  pipe  is  less  than  nine 
inches  from  lath  and  plaster  and  woodwork,  then  the  pipe 
dhall  be  covered  with  one  inch  of  asbestos  plaster  on  wire 
mesh.  No  ventilating  pipe  connected  with  a  hood  over  a 
range  shall  pass  through  any  floor.  Laundry  stoves  on 
wood  or  combustible  floors  shall  have  a  course  of  bricks,  laid 
on  metal,  on  the  floor  under  and  extended  twenty-four 
inches  on  all  sides  of  them.  All  stoves  for  heating  purposes 
shall  be  properly  supported  on  iron  legs  resting  on  the  floor 
three  feet  from  all  lath  and  plaster  or  woodwork;  if  the 
lath  and  plaster  or  woodwork  is  properly  protected  by  a 
metal  shield,  then  the  distance  shall  be  not  less  than 
eighteen  inches.  A  metal  shield  shall  be  placed  under  and 
twelve  inches  in  front  of  th£  ash  pan  of  all  stoves  that  are 
placed  on  wood  floors.  All  low  gas  stoves  shall  be  placed 
on  iron  stands,  or  the  burners  shall  be  at  least  six  inches 
above  the  base  of  the  stoves,  and  metal  guard  plates  placed 
four  inches  below  the  burners,  and  all  woodwork  under 
them  shall  be  covered  with  metal.  (Id.,  sec.  b7,  rev.  from 
L.  1882,  ch.  410,  §  490.) 

§  88.  Notice  as  to  Heating  Apparatus. —  In  cases  where 
hot  water,  steam,  hot  air  or  other  heating  appliances  or  fur- 
naces are  hereafter  placed  in  any  building,  or  flues  or  fire- 
places are  changed  or  enlarged,  due  notice  shall  first  be  given 
to  the  Department  of  Buildings  by  the  person  or  persons 
placing  the  said  furnace  or  furnaces  in  said  building,  or  by 
the  contractor  or  superintendent  of  said  work.  (Id.,  sec.  88, 
rev.  from  L.  1882,  ch.  410,  §  490,  as  amend.) 

§  89.  Gas  and  Water  Pipes. —  Every  building,  other  than 
a  dwelling  house  hereafter  erected,  and  all  factories,  hotels, 
churches,  theatres,  schoolhouses  and  other  buildings  of  a  pub- 
lic character  now  erected  in  which  gas  or  steam  is  used  for 
lighting  or  heating,  shall  have  the  supply  pipes  leading  from 
the  street  mains  provided  each  with  a  stopcock  placed  in  the 
sidewalk  at  or  near  the  curb,  and  so  arranged  as  to  allow 
of  shutting  off  at  that  point.  No  gas,  water  or  other  prpes 
which  may  be  introduced  into  any  building'  shall  be  let  into 
the  beams  unless  the  same  be  placed  within  thirty-six 
inches  or  than  two  inches  in  depth.  All  said  pipes  shall 
be  installed  in  accordance  with  the  rules  and  regulations 
prescribed  by  the  Board  of  Buildings.  All  gas  brackets  shall 
be  placed  at  least  three  feet  below  any  ceiling  or  wood- 
work, unless  the  same  is  properly  protected  by  a  shield; 
in  which  case  the  distance  shall  be  not  less  than  eighteen 
inches.  No  swinging  or  folding  gas  bracket  shall  be  placed 
against  any  stud  partition  or  woodwork.  No  gas  bracket 
on  any  lath  aad  plaster  partition  or  woodwork  shall  be 
less  than  five  inches  in  length,  measured  from  the  burner 
to  the  plaster  surface  or  woodwork.     Gaslights  placed  near 


204  CODE  OF   ORDINA>'CES  OF  THE  CITY  OF  NEW  YOEK. 

window  curtains  or  any  other  combustible  material  shall 
be  protected  by  a  proper  shi£ld.  (Id.,  sec.  89,  rev.  from  L. 
1882,  ch.  410,  §  490,  as  amend.) 

Part  17. —  Roofs,  Leaders,  Cornices,  Bulkheads,  Scuttles  and  Tanks. 

§  90.  Mansard  Eoofs. —  If  a  mansard  or  other  roof  of  like 
character  having"  a  pitch  of  over  sixty  dcg-rees  be  placed  on 
any  building",  except  a  wood  building,  or  a  dwelling  house 
not  exceeding  three  stories  nor  more  than  forty  feet  in 
height,  it  shall  be  constructed  of  iron  rafters  and  lathed 
with  iron  or  steel  on  the  inside  and  plastered,  or  filled  in 
with  fireproof  material  not  less  than  three  inches  thick, 
and  covered  with  metal,  slate  or  tile.  (Id.,  sec.  90,  rev.  from 
L.  1882,  ch.  410,  §  493,  as  amend.) 

§  91.  Cornices  and  Gutters. —  On  all  buildings  hereafter 
erected  wdthin  the  fire  limits,  the  exterior  cornices,  inclusive 
of  those  on  show  windows,  and  gutters  shall  be  of  some 
fireproof  material.  All  fireproof  cornices  shall  be  well 
secured  to  the  walls  with  iron  anchors,  independent  of  any 
woodwork.  In  all  cases  the  walls  shall  be  carried  up  to  the 
planking  of  the  roof.  Where  the  cornice  projects  above  the 
roof  the  walls  shall  be  carried  up  to  the  top  of  the  cornice. 
The  party  walls  shall  in  all  cases  extend  up  above  the 
planking  of  the  cornice  and  be  coped.  All  exterior  wooden 
cornices  that  may  now  be  or  that  may  hereafter  become 
unsafe  or  rotten  shall  be  taken  down,  and  if  replaced,  shall 
be  constructed  of  some  fireproof  material.  All  exterior 
cornices  of  wood  or  gutters  that  may  hereafter  be  damaged 
by  fire  to  the  extent  of  one-half  shall  be  taken  down,  and 
if  replaced  shall  be  constructed  of  some  fireproof  mat-erial; 
but  if  not  damaged  to  the  extent  of  one-half,  the  sam^e  may 
be  repaired  with  the  same  kind  of  material  of  which  they 
were  originally  constructed.  (Id.,  sec.  91,  rev.  from  L.  1882, 
ch.  410,  §  493,  as  amend.) 

§  92.  Bulkheads  on  Eoofs  and  Scuttles. —  Bulkheads  used 
as  inclosures  for  tanks  and  elevators,  and  coverings  for  the 
machinery  of  elevators  and  all  other  bulkheads,  including 
the  bulkheads  of  all  dwelling  houses  more  than  four  stories 
in  height  hereafter  erected  or  altered,  may  be  constructed 
of  hollow  fireproof  blocks;  or  of  wood  covered  with  not  less 
than  two  inches  of  fireproof  material,  or  filled  in  the  thick- 
ness of  the  studding  with  such  material,  and  covered  on 
all  outside  surfaces  with  metal,  including  both  surfaces  and 
.edges  of  doors  All  such  buildings  shall  have  scuttles  or 
bulkheads  covered  with  some  fireproof  materials,  with  lad- 
ders or  stairs  leading  thereto,  and  easily  accessible  to  all 
occupants.  No  scuttle  shall  be  less  in  size  than  two  by 
three  feet.  No  staging  or  stand  shall  be  constructed  or 
occupied  upon  the  roof  of  any  building  without  first  obtain- 
ing the  approval  of  the  Coramissioruer  of  Buildings  having 
jurisdiction.  (Id.,  sec.  92,  rev.  from  L.  1882,  ch.  410,  §  493, 
as  amend.) 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YOEK.  205 

§  93.  Tanks. —  Tanks  containing'  more  than  500  gallons  of 
water  or  other  fluid  hereafter  placed  in  any  story,  or  on 
the  roof  or  above  the  roof  of  any  building  now  or  hereafter 
erected,  shall  be  supported  on  iron  or  steel  beams  of  sufficient 
strength  to  safely  carry  the  same;  and  the  beams  shall  rest 
at  both  their  ends  on  brick  walls  or  on  iron  or  steel  girders 
or  iron  or  steel  columns  or  piers  of  masonry.  Underneath 
any  said  water  tank  or  on  the  side  near  the  bottom  of  the 
same,  there  shall  be  a  short  pipe  or  outlet,  not  less  than 
four  inches  in  diameter,  fitted  with  a  suitable  valve  having 
a  lever  or  wheel  handle  to  same,  so  that  firemen  or  others 
can  readily  discharge  the  weight  of  the  fluid  contents  from 
the  tank,  in  case  of  necessity.  Such  tanks  shall  be  placed 
where  practicable  at  one  corner  of  a  building,  and  shall 
not  be  placed  over  nor  near  a  line  of  stairs.  Covers  on  top 
of  water  tanks  placed  on  roofs,  if  of  wood,  shall  be  covered 
with  tin.     (Id.,  sec.  93.) 

§  94.  Koofing  and  Leaders  Within  the  Fire  Limits. —  The 
planking  and  sheathing  of  the  roofs  of  buildings  shall  not 
in  any  case  be  extended  across  the  side  or  party  wall 
thereof.  Every  building  and  the  tops  and  sides  of  every 
dormer  window  thereon  shall  be  covered  and  roofed  with 
brick,  tile,  slate,  tin,  copper,  ii'on;  or  plastic  slate,  asphalt, 
slag,  or  gravel  may  be  used,  provided  such  roofing  shall  be 
composed  of  not  less  than  five  layers  of  roofing  felt, 
cemented  together  and  finished  with  -not  less  than  ten  gal- 
lons of  coal  tar,  pitch  or  asphalt  to  each  100  square  feet  of 
roof,  or  such  other  quality  of  fireproof  roofing  as  the  Board 
of  Buildings,  under  its  certificate,  may  authorize,  and  the 
outside  of  the  frames  of  every  dormer  window  hereafter 
placed  upon  any  building  shall  be  made  of  some  fireproof 
material.  No  wood  building  within  the  fire  limits  more  than 
two  stories  or  above  twenty  feet  in  height  above  the  curb 
level  to  the  highest  part  thereof,  which  shall  require  roofing, 
shall  be  roofed  with  any  other  roofing  or  covered  except  as 
aforesaid.  Nothing  in  this  section  shall  be  construed  to 
prohibit  the  repairing  of  any  shingle  roof,  provided  the 
building  is  not  altered  in  height.  All  buildings  shall  be  kept 
provided  with  proper  metallic  leaders  for  conducting  water 
from  the  roofs  in  such  manner  as  shall  protect  the  walls 
and  foundations  of  said  buildings  from  injury.  In  no  case 
shall  the  w^ater  from  the  said  leaders  be  allowed  to  flow 
upon  the  sidewalk,  but  the  same  shall  be  conducted  by  pipe 
or  pipes  to  the  sewer.  If  there  be  no  sewer  in  the  same  street 
upon  which  such  buildings  front,  then  the  water  from  said 
leader  shall  be  conducted  by  proper  pipe  or  pipes,  below 
the  surface  of  the  sidewalk  to  the  street  gutter.  (Id.,  sec. 
94,  rev.  from  L.  1882,  ch.  410,  §  494,  as  amend.) 

Part  18. —  Elevators,  Hoisttcays  and  Dumb-waiters. 
§  95.     Elevators  and  Hoistways. —  In  any  building  in  which 
there  shall  b.e  any  hoistway  or  freight  elevator  or  wellhole 


206  CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

not  inclosed  in  walls  constructed  of  brick  or  other  fireproof 
material  and  provided  with  fireproof  doors,  the  openings 
thereof  through  and  upon  each  floor  of  said  building,  shall 
be  provided  with  and  protected  by  a  substantial  guard  or 
gate  and  with  such  good  and  sufficient  trap-doors  as  may 
be  directed  and  approved  by  the  Department  of  Buildings; 
and  when  in  the  opinion  of  the  Commissioner  of  Buildings 
having  jurisdiction,  automatic  trap-doors  are  required  to 
the  floor  openings  of  any  uninclosed  freight  elevator,  this 
same  shall  be  constructed  so  as  to  form  a  substantial  floor 
surface  when  closed,  and  so  arranged  as  to  open  and  close 
by  the  action  of  the  elevator  in  its  passage  either  ascending 
or  descending.  The  said  Commissioner  of  Buildings  shall 
have  exclusive  power  and  authority  to  require  the  openings 
of  hoist  ways  or  hoistway  shafts,  elevators  and  wellhoLes  in 
buildings  to  be  inclosed  or  secured  by  trap-doors,  guards  or 
gates  and  railings.  Such  guards  or  gates  shall  be  kept 
closed  at  all  times,  except  when  in  actual  use,  and  th£  trap- 
doors shall  be  closed  at  the  close  of  the  business  of  each 
day  by  the  occupant  or  occupants  of  the  building  having  the 
use  or  control  of  thie  same.  (Id.,  sec.  95,  rev.  from  L.  1882, 
ch.  410,  §  492,  as  amend.) 

It  is  the  duty  of  an  owner  of  a  building  to  protect  a  hatchway 
by  a  suitable  railing.  McRickard  vs.  Flint,  114  N.  Y.  222;  Atkinson 
vs.  Abraham,  45  Hun,  238.  And  see  Malloy  vs.  N.  Y.  Real  Est. 
Assn.,  156  N.  Y.  205. 

§  96.  Elevator  Inclosures. —  All  elevators  hereafter  placed 
in  any  building,  except  such  fireproof  buildings  as  have  been 
or  may  be  hereafter  erected,  shall  be  inclosed  in  suitable 
walls  of  brick  or  with  a  suitable  framework  of  iron  and 
burnt-clay  filling,  or  of  such  other  fireproof  material  and 
form  of  construction  as  may  be  approved  by  the  Department 
of  Buildings,  except  that  the  inclosure  walls  in  non-fireproof 
buildings  over  five  stories  high,  used  as  warehouses  or 
factories  shall  be  of  brick.  If  the  inclosure  walls  are  of 
brick,  laid  in  cement  mortar,  and  not  iised  as  bearing  walls, 
they  may  be  eight  inches  in  thickness  for  not  more  than 
fifty  feet  of  their  uppermost  height,  and  increasing  in 
thickness  four  inches  for  each  lower  fifty  feet  portion  or 
part  thereof.  Said  walls  or  construction  shall  extend 
through  and  at  least  three  feet  above  the  roof.  All  openings 
in  the  said  walls  shall  be  provided  with  fireproof  shutters 
or  fireproof  doors,  made  solid  for  three  feet  above  the  floor 
level,  except  that  the  doors  used  for  openings  in  buildings 
intended  for  the  occupancy  of  one  family  may  be  of  wood 
covered  on  the  inner  surface  and  edges  with  metal,  not 
including  the  openings  in  the  cellar,  nor  above  the  roof  in 
any  such  shaft  walls.  The  roofs  over  all  inclosed  elevators 
shall  be  made  of  fireproof  materials,  with  a  skylight  at 
least  three-fourths  the  area  of  the  shaft,  made  of  glass  set 
in  iron  frames.  When  ibhe  shaft  does  not  extend  to  the 
ground  the  lower  end  shall  be  inclosed  in  fireproof  material. 
(Id.,  sec.  96,  as  amend,  by  ord.  app.  June  26,  1902.) 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YOBK.  207 

§  97.  Dumb-waiter  Shafts. —  All  dumb-waiter  shafts,  ex- 
cept such  as  do  not  extend  more  than  three  stories  above 
the  cellar  or  basement  in  dwelling  houses,  shall  be  inclosed 
in  suitable  walls  of  brick  or  with  burnt-clay  blocks,  set  in 
iron  frames  of  proper  strength,  or  fireproof  blocks  strength- 
ened with  metal  dowels,  or  such  other  fireproof  material 
and  form  of  construction  as  may  be  approved  by  the  Com- 
missioner of  Buildings  having  jurisdiction.  Said  walls  or 
construction  shall  extend  at  least  three  feet  above  the  roof 
and  be  covered  with  a  skylight  at  least  three-fourths  the 
area  of  the  shaft,  made  with  metal  frames  and  glazed.  All 
•  openings  in  the  inclosure  walls  or  construction  shall  be 
provided  vdth  self-closing  fireproof  doors.  When  the  shaft 
does  not  extend  to  the  floor  level  of  the  lowest  story,  the 
bottom  of  the  shaft  shall  be  constructed  of  fireproof 
material.     (Id.,  sec.  97.) 

§  98.  Elevators  in  Staircase  Tnclosures. —  Open  grillwork 
inclosures  for  passenger  elevators,  not  extending  below  the 
level  of  the  first  floor,  may  be  erected  in  staircase  inclosures 
in  buildings  where  thjc  entire  space  occupied  by  the  stairs 
and  elevators  is  inclosed  in  brick  or  stone  walls,  and  the 
stairs  are  constructed  as  specified  in  section  53  of  this  Code. 
(Id.,  sec.  98,  rev.  from  L.  1882,  ch.  410,  §  492,  as  amend.) 

§  99.  Elevators  in  Existing  Hotels. —  In  every  non-fireproof 
building  used  or  occupied  as  a  hotel,  in  which  there  is  an 
elevator  not  inclosed  in  fireproof  shafts,  such  elevator  shall 
be  inclosed  in  suitable  walls,  constructed  and  arranged  as 
in  this  Code  required  for  elevator  shafts.  (Id.,  sec.  99,  rev. 
from  L.  1882,  ch.  410,  §  492,  as  amend.) 

§  100.  Screen  Under  Elevator  Sheaves. —  Immediately  un- 
der the  sheaves  at  the  top  of  every  elevator  shaft  in  any 
building  there  shall  be  provided  and  placed  a  substantial 
grating  or  scrjBcn  of  iron  or  steel,  of  such  construction  as 
shall  be  approved  by  the  Department  of  Buildings.  (Id., 
sec.  100,  rev.  from  L.  1882,  ch.  410,  §  492,  as  amend.) 

§  101.  Inspection  of  Elevators. —  The  Commissioners  of 
Buildings  shall  cause  an  inspection  of  elevators  carrying 
passengers  or  employees  to  be  made  at  least  once  every 
three  months,  and  shall  make  regulations  for  the  inspection 
of  such  elevators  wdth  a  view  to  safety;  and  shall  also  pre- 
scribe suitable  qualifications  for  persons  who  are  placed 
in  charge  of  the  running  of  such  elevators.  The  regulations 
shall  require  any  repairs  found  necessary  to  any  such  ele- 
vators to  be  made  without  delay  by  the  owner  or  lessee. 
In  case  defects  are  found  to  exist  which  endanger  life  or 
limb  by  the  continued  use  of  such  elevator,  then,  upon  notice 
from  the  Department  of  Buildings,  the  use  of  such  elevator 
shall  cease,  and  it  shall  not  again  be  used  until  a  certificate 
shall  be  first  obtained  from  said  department  that  such  ele- 
vator has  been  made  safe.  No  person  shall  employ  or  permit 
any  person  to  be  in  charge  of  running  any  passenger  elevator 
who  does  not  possess  the  qualifications  prescribed  therefor. 


208         COBB  OF  ORDlIfANCES  OF  THE  CITY  OF  KEW  YORK. 

Every  freight  elevator  or  lift  shall  have  a  notice  posted 
conspicuously  thiBreon  as  follows:  "  Persons  riding  on  this 
elevator  do  so  at  their  ovs^n  risk."  (Id.,  sec.  101,  rev.  from 
L.  1882,  ch.  410,  §  492,  as  amend.) 

Part  19. —  Fire  Appliances,  Fire-escapes  and  Fireproof  Shutters 
and  Doors. 
§  102.  In  every  building  now  erected,  unless  already  pro- 
vided with  a  three-inch  or  laj*ger  vertical  pipe,  which 
exceeds  100  feet  in  height,  and  in  every  building  hereafter 
to  be  erected  exceeding  eighty-five  feet  in  height,  and  when 
any  such  building  does  not  exceed  150  feet  in  height,  it  shall 
be  provided  with  a  four-inch  standpipe,  running  from  cellar 
to  roof,  with  one  two-way  three-inch  Siamese  connection  to 
be  placed  on  street  above  the  curb  level,  and  with  one  two 
and  one-half-inch  outlet,  v^rith  hose  attached  thereto  on  each 
floor,  placed  as  near  the  stairs  as  practicable;  and  all  build- 
ings now  erected,  unless  already  provided  with  a  three-inch 
or  larger  vertical  pipe,  or  hereafter  to  be  erected,  exceeding 
150  feet  in  height,  shall  be  provided  with  an  auxiliary  fire 
apparatus  and  appliances,  consisting  of  water  tank  on  roof, 
or  in  cellar,  standpipes,  hose,  nozzles,  wrenches,  fire  extin- 
guishers, hooks,  axes,  and  such  other  appliances  as  may  be 
required  by  the  Fire  Department  —  all  to  be  of  the  best 
material  and  of  the  sizes,  patterns  and  regulation  kinds  used 
and  required  by  the  Fire  Department.  In  every  such  build- 
ing a  steam  or  electric  pump  and  at  least  one  passenger 
elevator  shall  be  kept  in  readiness  for  immediate  use  by  the 
Fire  Department  during  all  hours  of  the  night  and  day, 
including  holidays  and  Sundays.  The  said  steam  or  electric 
pumps,  if  located  in  the  lowest  story,  shall  be  placed  not 
less  than  two  feet  above  the  floor  level.  All  the  wires  and 
cables  which  supply  power  to  the  electric  pumps  shall  be 
covered  with  fireproof  material,  or  protected  in  such  other 
manner  as  to  prevent  the  destruction  or  damage  of  said 
cables  and  wires  by  fire.  The  boilers  which  supply  power 
to  the  passenger  ekvators  and  steam  or  electric  pumps,  if 
located  in  the  lowest  story,  shall  be  so  surrounded  by  a 
dwarf  brick  wall  laid  in  cement  mortar,  or  other  suitable 
permanent  waterproof  construction,  as  to  exclude  water  to 
the  depth  of  two  feet  above  the  floor  level  from  flowing 
into  the  ash  pits  of  said  boilers.  When  the  level  of  the 
floor  of  the  lowest  story  is  above  the  level  of  the  sewer  in 
the  street  a  large  cesspool  shall  be  placed  in  said  floor  and 
connected  by  a  four-inch  oast-iron  drain  pipe  wdth  the  street 
sewer.  Standpipes  shall  not  be  less  than  six  inches  in  diam- 
eter for  all  buildings  exceeding  150  feet  in  height.  All 
standpipes  shall  extend  to  the  street  and  there  be  provided 
at  or  near  the  sidewalk  level  with  the  Siamese  connections. 
Said  standpipes  shall  also  extend  to  the  roof.  Valve  outlets 
shall  be  provided  on  each  and  every  story,  including  the 
basement  and  cellar  and  on  the  roof.    All  valves,  hose,  tools, 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  209 

and  other  appliances  provided  for  in  this  section  shall  be 
kept  in  perfect  working  order,  and  once  a  month  the  person 
in  charge  of  said  building  shall  make  a  thorough  inspection 
of  the  same  to  see  that  all  valves,  hose  and  other  appliances 
are  in  perfect  working  order  and  ready  for  immediate  use 
by  the  Fire  Department.  If  any  of  the  said  buildings 
extend  from  street  to  street,  or  form  an  L  shape,  they  shall 
be  provided  with  standpipes  for  each  street  frontage.  In 
such  buildings  as  are  used  or  occupied  for  business  or 
manufacturing  purposes  there  shall  be  provided,  in  con- 
nection with  said  standpipe  or  pipes,  two  and  one-half -inch 
perforated  iron  pipes  placed  on  and  along  the  ceiling  line 
of  each  floor  below  thje  first  floor,  and  extending  to  the  full 
depth  of  the  building.  Said  perforated  pipe  shall  be  pro- 
vided with  a  valve  placed  at  or  near  the  standpipe,  so  that 
water  can  be  let  into  same  when  deemed  necessary  by  the 
firemen,  or  in  lieu  of  such  perforated  pipes  automatic 
sprinklers  may  be  put  in.  When  the  building  is  twenty-five 
feet  or  Less  in  width  two  lines  of  perforated  pipe  shall  be 
provided,  and  one  line  additionally  for  each  twelve  and  one- 
half  feet,  or  part  thereof,  that  the  building  is  wider  than 
twenty-five  feet.  A  suitable  iron  plate  with  raised  letters 
shall  be  fastened  to  the  wall  near  said  standpipes,  to  read: 
"  This  standpipe  connects  to  perforated  pipes  in  the  cellar." 
(Id.,  sec.  102,  as  amend,  by  ord.  app.  June  15,  1903.) 

§  103.  Fire-escapes. —  Every  dwelling-house  occupied  by 
or  built  to  be  occupied  by  three  or  more  families,  and  every 
building  already  erected,  or  that  may  hereafter  be  erected, 
more  than  three  stories  in  height,  occupied  and  used  as  a 
hotel  or  lodging-house,  and  every  boarding-house  having 
more  than  fifteen  sleeping  rooms  above  the  basement  story, 
and  every  factory,  mill,  manufactory  or  workshop,  hospital, 
asylum  or  institution  for  the  care  or  treatment  of  indi- 
viduals, and  every  building  three  stories  and  over  in  height 
used  or  occupied  as  a  store  or  w^orkroom,  and  every  building 
in  whole  or  in  part  occupied  or  used  as  a  school  or  place 
of  instruction  or  assembly,  and  every  office  building  five 
stories  or  more  in  height,  shall  be  provided  with  such  good 
and  sufficient  fire-escape,  stairways  or  other  means  of  egress 
in  case  of  fire  as  shall  be  directed  by  the  Department  of 
Buildings;  and  said  department  shall  have  full  and  exclusive 
power  and  authority  within  said  city  to  direct  fire-escapes 
and  other  means  of  egress  to  be  provided  upon  and  within 
said  building  or  any  of  them.  The  owner  or  owners  of  any 
building  upon  which  a  fire-escape  is  erected  shall  keep  the 
same  in  good  repair  and  properly  painted.  No  person  shall 
at  any  time  place  any  incumbrance  of  any  kind  whatsoever 
before  or  upon  any  fire-escape,  balcony  or  ladder.  It  shall 
be  the  duty  of  every  fireman  and  policeman  who  shall  dis- 
cover any  fire-escape,  balcony  or  ladder  of  any  fire-escape 
incumbered  in  any  way  to  forthv^dth  report  the  same  to  the 
commanding  officer  of  his  company  or  precinct,  and  such 
14 


210  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

commanding  officer  shall  forthwith  cause  the  occupant  of 
the  premises  or  apartment  to  which  said  fire-escape,  balcony 
or  ladder  is  attached,  or  for  whose  use  the  same  is  provided, 
to  be  notified,  either  verbally  or  in  writing,  to  remove  such 
incumbrance  and  keep  the  same  clear.  If  said  notice  shall 
not  be  complied  with  by  the  removal  forthwith  of  such 
incumbrance,  and  keeping  said  fire-escape,  balcony  or  ladder 
free  from  incumbrance,  then  it  shall  be  the  duty  of  said 
commanding  officers  to  apply  to  the  nearest  police  magis- 
trate for  a  warrant  for  the  arrest  of  the  occupant  or  occu- 
pants of  the  said  premises  or  apartments  of  which  the  fire- 
escape  forms  a  part,  and  the  said  parties  shall  be  brought 
before  the  said  magistrate,  as  for  a  misdemeanor;  and,  on 
conviction,  the  occupant  or  occupants  of  said  premises  or 
apartment  shall  be  fined  not  more  than  ten  dollars  for  each 
offense,  or  may  be  imprisoned  not  to  exceed  ten  days,  or 
both,  in  the  discretion  of  the  court.  In  constructing  all 
balcony  fire-escapes  the  manufacturer  thereof  shall  securely 
fasten  thereto,  in  a  conspicuous  place,  a  cast-iron  plate 
having  suitable  raised  letters  on  the  same,  to  read  as  fol- 
lows: "Notice:  Any  person  placing  any  incumbrance  on 
this  balcony  is  liable  to  a  penalty  of  ten  dollars  and  impris- 
onment for  ten  days." 

All  buildings  requiring  fire-escapes  shall  have  stationary 
iron  ladders  leading  to  the  scuttle  opening  in  the  roof 
thereof,  and  all  scuttles  and  ladders  shall  be  kept  so  as  to 
be  ready  for  use  at  all  times.  If  a  bulkhead  is  used  in  place 
of  a  scuttle  it  shall  have  stairs  with  sufficient  guard  or 
hand-rail  leading  to  the  roof.  In  case  the  building  shall  be 
a  tenement  house  the  door  in  the  bulkhead  or  any  scuttle 
shall  at  no  time  be  locked,  but  may  be  fastened  on  the  inside 
by  movable  bolts  or  hooks.  (Id.,  sec.  103,  rev.  from  L.  1882, 
ch.  410,  §  498,  as  amend.) 

This  provision  is  a  police  regulation  and  constitutional.  The 
notice  mentioned  must,  however,  be  given  by  the  proper  official 
heads  and  not  subordinate  officers.  Fire  Dept,  vs.  Sturtevant,  33 
Hun,  407.  And  such  power  is  continuous.  Fire  Dept.  vs.  Chapman, 
10  Daly,  377.  But  it  is  the  duty  of  an  owner  to  erect  fire-escapes 
without  waiting  for  such  notice.  McLaughlin  vs.  Armfield,  58 
Hun,  376;  also  see  Greenhaus  vs.  Alter,  30  App.  Div.  585.  The  State 
Labor  Law  does  not  repeal  the  charter  provision  giving  jurisdiction 
to  Building  Department.  City  of  N.  Y.  vs.  Trustees  Sailors'  Snug 
Harbor,  85  App.  Div.  355.  The  act  applies  to  two  buildings  used  as 
one,  having  in  all  more  than  fifteen  bedrooms,  Dept.  Buildings 
N.  Y.  vs.  Field,  12  App.  Div.  258.  An  owner  is  not  liable  under  the 
common  law  for  failure  to  supply  fire-escapes.  Pauley  vs.  Steam 
Gauge  Co.,  131  N.  Y.  90. 

§  104.  Fireproof  Shutters  and  Doors. —  Every  building 
which  is  more  than  two  stories  in  height  above  the  curb 
Level,  except  dwelling  houses,  hotels,  schoolhouses  and 
churches,  shall  have  doors,  blinds  or  shutters  made  of  iron, 
hung  to  iron  hanging  frames  or  to  iron  eyes  built  into  the 
wall,  on  every  exterior  window  and  opening  above  the  first 
story  thereof,  excepting  on  the  front  openings  of  buildings 
fronting   on    streets   which   are   more   than   thirty   feet   in 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YOBK.  211 

width,  or  where  no  other  buildings  are  within  thirty  feet 
of  such  opening's.  The  said  doors,  blinds  or  shutters  may 
be  constructed  of  pine  or  other  soft  wood  of  two  thicknesses 
of  matched  boards  at  right  angles  with  each  other,  and 
securely  covered  with  tin  on  both  sides  and  edges,  with 
folded  lapped  joints,  the  nails  for  fastening  the  same  being 
driven  inside  the  lap;  the  hinges  and  bolts  or  latches  shall 
be  secured  or  fastened  to  the  door  or  shutter  after  the 
same  has  been  covered  with  the  tin,  and  such  doors  or 
shutters  shall  be  hung  upon  an  iron  frame  independent  of 
thii  woodwork  of  the  windows  and  doors,  or  two  iron  hinges 
securely  fastened  in  the  masonry;  or  such  frames,  if  of 
wood,  shall  be  covered  with  tin  in  the  same  manner  as  the 
doors  and  shutters.  All  shutters  opening  on  fire-escapes, 
and  at  least  one  row,  vertically,  in  every  three  rows  on  the 
front  window  openings  above  the  first  story  of  any  building, 
shall  be  so  arranged  that  they  can  be  readily  opened  from 
the  outside  by  firemen.  All  rolling  iron  or  steel  shutters 
hereafter  placed  in  the  first  story  of  any  building  shall  be 
counterbalanced  so  that  said  rolling  shutters  may  be  readily 
opened  by  the  firemen.  No  building  hereafter  erected  other 
than  a  dwelling  house  or  fireproof  building  shall  have  inside 
Iron  or  steel  shutters  to  windows  above  the  first  story.  All 
windows  and  openings  above  the  first  story  of  any  building 
may  be  provided  with  other  suitable  protection,  or  may  be 
exempted  from  having  shutters  by  the  Board  of  Buildings  or 
the  Board  of  Examiners,  as  the  case  may  be.  All  buildings 
specified  in  this  section  hereafter  erected  or  altered  having 
openings  in  interior  walls  shall  be  provided  with  suitable 
fireproof  doors  where  deemed  necessary  by  the  Commis- 
sioner of  Buildings  having  jurisdiction.  All  occupants  of 
buildings  shall  close  all  exterior  and  interior  fireproof  shut- 
ters, doors  and  blinds  at  the  close  of  the  business  of  each 
day.  (Id.,  sec.  104,  rev.  from  L.  1882,  ch.  410,  §  491,  as 
amend.) 

Part  20. —  Fireproof  Buildings. 

§  105.  Fireproof  Buildings. —  Every  building  hereafter 
erected  or  altered,  to  be  used  as  a  hotel,  lodging  house, 
school,  theatre,  jail,  police  station,  hospital,  asylum,  institu- 
tion for  the  care  or  treatment  of  persons,  the  height  of 
which  exceeds  thirty-five  feet,  excepting  all  buildings  for 
which  specifications  and  plans  have  been  heretofore  sub- 
mitted to  and  approved  by  the  Department  of  Buildings, 
and  every  other  building  the  height  of  which  exceeds  sev- 
enty-five feet,  except  as  herein  provided,  shall  be  built  fire- 
proof; that  is  to  say,  they  shall  be  constructed  with  walls 
of  brick,  stone,  Portland  cement  concrete,  iron  or  steel,  in 
which  wood  beams  or  lintels  shall  not  be  placed,  and  in 
which  the  floors  and  roofs  shall  be  of  materials  provided 
for  in  section  106  of  this  Code.  The  stairs  and  staircase 
landings  shall  be  built  entirely  of  brick,  stone,  Portland 
cement    concrete,    iron    or    steel.      No    woodwork    or    other 


212  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

inflammable  material  shall  be  used  in  any  of  the  partitions, 
furrings  or  ceilings  in  any  such  fireproof  buildings,  except- 
ing, however,  that  when  the  height  of  the  building  does  nol 
exceed  twelve  stories  nor  more  than  150  feet,  the  doors  and 
windows  and  their  frames,  the  trims,  the  casings,  the  interior 
finish  when  filled  solid  at  the  back  with  fireproof  material, 
and  the  floor  boards  and  sleepers  directly  thereunder,  may 
be  of  wood,  but  the  space  between  the  sleepers  shall  be 
solidly  filled  with  fireproof  materials  and  extend  up  to  the 
under  side  of  the  floor  boards. 

When  the  h.eight  of  a  fireproof  building  exceeds  twelve 
stories,  or  more  than  150  feet,  the  floor  surfaces  shall  be 
of  stone,  cement,  rock  asphalt,  tiling  or  similar  incombusti- 
ble material,  or  the  sleepers  and  floors  may  be  of  wood 
treated  by  some  process,  approved  by  the  Board  of  Build- 
ings, to  render  the  same  fireproof.  All  outside  window 
frames  and  sash  shall  be  of  metal,  or  wood  covered  with 
metal.  The  inside  window  frames  and  sash,  doors,  trim 
and  other  interior  finish  may  be  of  wood  covered  with 
metal,  or  wood  treated  by  some  process  approved  by  the 
Board  of  Buildings  to  render  the  same  fireproof. 

All  hall  partitions  or  permanent  partitions  between  rooms 
in  fireproof  buildings  shall  be  built  of  fireproof  material 
and  shall  not  be  started  on  wood  sills,  nor  on  wood  floor 
boards,  but  be  built  upon  the  fireproof  construction  of  the 
floor  and  extend  to  the  fireproof  beam  filling  above.  The 
tops  of  all  door  and  window  openings  in  such  partitions 
shall  be  at  least  twelve  inches  below  the  ceiling  line.  (Id., 
sec.  105,  rev.  from  L..  1882,  ch.  410,  §  484,  as  amend.  Amend, 
by  ord.  app.  May  8,  1906,  infra.) 

The  "  interior  finish "  applies  to  the  permanent  structure  and 
not  to  trade  fixtures.  City  of  N.  Y.  vs.  Stewart  Realty  Co., 
109  App.  Div.  702. 

§  106.  Fireproof  Floors. —  Fireproof  floors  shall  be  con- 
structed with  wrought  iron  or  steel  floor  beams  so  arranged 
as  to  spacing  and  length  of  beams  that  the  load  to  be 
supported  by  them,  together  with  the  weights  of  the  mate- 
rials used  in  the  construction  of  the  said  floors,  shall  not 
cause  a  greater  deflection  of  the  said  beams  than  one- 
thirtieth  of  an  inch  per  foot  of  span  under  the  total  load; 
and  they  shall  be  tied  together  at  intervals  of  not  more 
than  eight  times  the  depth  of  the  beam.  Between  the 
wrought  iron  or  steel  floor  beams  shall  be  placed  brick 
arches  springing  from  the  lower  flange  of  the  steel  beams. 
Said  brick  arches  shall  be  designed  with  a  rise  to  safely 
carry  the  imposed  load,  but  never  less  than  one  and  one- 
quarter  inches  for  each  foot  of  span  between  the  beams, 
and  they  shall  have  a  thickness  of  not  less  than  four  inches 
for  span?  of  five  feet  or  less  and  eight  inches  for  spans  over 
five  feet,  or  such  thickness  as  may  be  required  by  the  Board 
of  Buildings.  Said  brick  arches  shall  he  composed  of  good, 
hard  brick  or  hollow  brick  of  ordinary  dimensions  laid  to  a 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YOEK.  213 

line  on  the  centres,  properly  and  solidly  bonded,  each  longi- 
tudinal line  of  brick  breaking  joints  with  the  adjoining  lines 
in  the  same  ring  and  with  the  ring  under  it  when  more 
than  a  four-inch  arch  is  used.  The  brick  shall  be  well  wet 
and  the  joints  filled  in  solid  with  cement  mortar.  The 
arches  shall  be  well  grouted  and  properly  keyed.  Or  the 
space  between  the  beams  may  be  filled  in  with  hollow  tile 
arches  of  hard-burnt  clay  or  porous  terra-cotta  of  uniform 
density  and  hardness  of  burn.  The  skew  backs  shall  be  of 
such  form  and  section  as  to  properly  receive  the  thrust  of 
said  arch;  and  the  said  arches  shall  be  of  a  depth  and  sec- 
tional area  to  carry  the  load  to  be  imposed  thereon,  without 
straining  the  material  beyond  its  safe  working  load,  but  said 
depth  shall  not  be  less  than  one  and  three-quarter  inches 
for  each  foot  of  span,  not  including  any  portion  of  the 
depth  of  the  tile  projecting  below  the  under  side  of  the 
beams,  a  variable  distance  being  allowed  of  not  over  six 
inches  in  the  span  between  the  beams,  if  the  soffits  of  the 
tile  are  straight;  but  if  said  arch£s  are  segmental,  having 
a  rise  of  not  less  than  one  and  one-quarter  inches  for  each 
foot  of  span,  the  depth  of  the  tile  shall  not  be  less  than  six 
inches.  The  joints  shall  be  solidly  filled  with  cement  mortar 
as  required  for  common  brick  arches  and  the  arch  so  con- 
structed that  the  key  block  shall  always  fall  in  the  central 
portion.  The  shells  and  webs  of  all  end  construction  blocks 
shall  abut,  one  against  another.  Or  the  space  between  the 
beams  may  be  filled  with  arches  of  Portland  cement  concrete, 
segmental  in  form,  and  which  shall  have  a  rise  of  not  less 
than  one  and  one-quarter  inches  for  each  foot  of  span 
between  the  beams.  The  concrete  shall  not  be  less  than 
four  inches  in  thickness  at  the  crown  of  the  arch  and  shall 
be  mixed  in  the  proportions  required  by  section  18  of  this 
Code.  These  arches  shall  in  all  cases  be  reinforced  and 
protected  on  the  under  side  with  corrugated  or  sheet  st-eel, 
steel  ribs,  or  metal  in  other  forms  weighing  not  less  than 
one  pound  per  square  foot  and  having  no  openings  larger 
than  three  inches  square.  Or  between  the  said  beams  may 
be  placed  solid  or  hollow  burnt  clay,  stone,  brick,  or  con- 
crete slabs  in  flat  or  curved  shapes,  concrete  or  may  be 
used  in  composition,  and  any  of  said  materials  may  be  used 
in  combination  with  wire  cloth,  expanded  metal,  wire 
strands,  or  Avrought  iron  or  steel;  but  in  any  such  con- 
struction and  as  a  precedent  condition  to  the  same  being 
used,  tests  shall  be  made  as  herein  provided  by  the  manu- 
facturer thereof  under  the  direction  and  to  the  satisfaction 
of  the  Board  of  Buildings,  and  evidence  of  the  same  shall 
be  kept  on  file  in  the  Department  of  Buildings,  showing  the 
nature  of  the  test  and  the  result  of  the  test.  Such  tests 
shall  be  made  by  constructing  within  inclosure  walls  a  plat- 
form consisting  of  four  rolled  steel  beams,  ten  inches  deep, 
weighing  each  twenty-five  pounds  per  linear  foot,  and  placed 
four  feet  between  the  centres,  and  connected  by  transverse 


214  CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

tie-rods,  and  with  a  clear  span  of  fourteen  feet  for  the  two 
interior  beams  and  with  the  two  outer  beams  supported  on 
the  side  walls  throughout  their  length,  and  with  both  a 
filling  between  the  said  beams,  and  a  fireproof  protection 
of  the  exposed  parts  of  the  beams  of  the  system  to  be  tested, 
constructed  as  in  actual  practice,  with  the  quality  of  material 
ordinarily  used  in  that  system  and  the  ceiling  plastered 
below,  as  in  a  finished  Job;  such  filling  between  the  two 
interior  beams  being  loaded  with  a  distributed  load  of  150 
pounds  per  square  foot  of  its  area  and  all  carried  by  such 
filling;  and  subjecting  the  platform  so  constructed  to  the 
continuous  heat  of  a  wood  fire  below,  averaging  not  less 
than  1,700  degrees  Fahrenheit  for  not  less  than  four  hours, 
during  which  time  the  platform  shall  have  remained  in  such 
condition  that  no  flame  will  have  passed  through  the  plat- 
form or  any  part  of  the  same,  and  that  no  part  of  the  load 
shall  have  fallen  through,  and  that  the  beams  shall  have 
been  protected  from  the  heat  to  the  extent  that  after 
applying  to  the  under  side  of  the  platform  at  the  end  of  the 
heat  test  a  stream  of  water  directed  against  the  bottom 
of  the  platform  and  discharged  through  a  one  and  one- 
eighth-inch  nozzle  under  sixty  pounds  pressure  for  five 
minutes,  and  after  flooding  the  top  of  the  platform  with 
water  under  low  pressure,  and  then  again  applying  the 
stream  of  water  through  the  nozzle  under  the  sixty  pounds 
pressure  to  the  bottom  of  the  platform  for  five  minutes, 
and  after  a  total  load  of  600  pounds  per  square  foot  uni- 
formly distributed  over  the  middle  bay  shall  have  been 
applied  and  removed,  after  the  platform  shall  have  cooled, 
the  maximum  deflection  of  the  interior  beams  shall  not 
exceed  two  and  one-half  inches.  The  Board  of  Buildings 
may  from  time  to  time  prescribe  additional  or  different 
tests  than  the  foregoing  for  systems  of  filling  between  iron 
or  steel  floor  beams,  and  the  protection  of  the  exposed  parts 
of  the  beams.  Any  system  failing  to  meet  the  requirements 
of  the  test  of  heat,  water  and  weight,  as  herein  prescribed, 
shall  be  prohibited  from  use  in  any  building  hereafter 
erected.  Duly  authenticated  records  of  the  tests  heretofore 
made  of  any  system  of  fireproof  floor  filling  and  protection 
of  the  exposed  parts  of  the  beams  may  be  presented  to  the 
Board  of  Buildings,  and  if  the  same  be  satisfactory  to  said 
board,  it  shall  be  accepted  as  conclusive.  No  filling  of  any 
kind  which  may  be  injured  by  frost  shall  be  placed  between 
said  floor  beams  during  freezing  weather,  and  if  the  same 
is  so  placed  during  any  winter  months,  it  shall  be  tempo- 
rarily covered  with  suitable  material  for  protection  from 
being  frozen.  On  top  of  any  arch,  lintel  or  other  device 
which  does  not  extend  to  and  from  a  horizontal  line  with 
the  top  of  the  said  floor  beams,  cinder  concrete  or  other 
suitable  fireproof  material  shall  be  pla^'ed  to  solidly  fill  up 
the  space  to  a  level  with  the  top  of  the  said  floor  beams, 
and   shall   be  carried   to   the   under    side   of  the   wood   floor 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  215 

boards  in  case  such  be  used.  Temporary  centering  when 
used  in  placing  ilreproof  s^'stems  between  floor  beams,  shall 
not  be  removed  within  twenty-four  hours  or  until  such  time 
as  the  mortar  or  material  has  set.  All  fireproof  floor  ays- 
t/cms  shall  be  of  suflicient  strength  to  safely  carry  the  load 
to  be  imposed  thereon  without  straining  the  material  in 
any  case  beyond  its  safe  working  load.  The  bottom  flanges 
of  all  wrought  iron  or  rolled  steel  floor  and  flat  roof  beams, 
and  all  exposed  portions  of  such  beams  below  the  abutments 
of  the  floor  arches  shall  be  entirely  incased  with  hard-burnt 
clay,  porous  terra-cotta  or  other  fireproof  material  allowed 
to  he  used  for  the  filling  between  the  beams  under  the  pro- 
visions of  this  section,  such  incasing  material  to  be  properly 
secured  to  the  beams. 

The  exposed  sides  and  bottom  plates  or  flanges  of  wrought 
iron  or  rolled  steel  girders  supporting  iron  or  steel  floor 
beams,  or  supporting  floor  arches  or  floors,  shall  be  entirely 
incased  in  the  same  manner.  Openings  through  fireproof 
floors  for  pipes,  conduits  and  similar  purposes  shall  be  shown 
on  the  plans.  After  the  floors  are  constructed  no  opening 
greater  than  eight  inches  square  shall  be  cut  through  said 
floors  unless  properly  boxed  or  framed  around  with  iron. 
And  such  openings  shall  be  filled  in  with  fireproof  material 
after  the  pipes  or  conduits  are  in  place.  (Id.,  sec.  106,  rev. 
from  L.  1882,  ch.  410,  §  484,  as  amend.) 

§  107.  Incasing  Interior  Columns. —  All  cast  iron,  wrought 
iron  or  rolled  steel  columns,  including  the  lugs  and  brackets 
on  same,  used  in  the  interior  of  any  fireproof  building,  or 
used  to  support  any  fireproof  floor,  shall  be  protected  with 
not  less  than  two  inches  of  flreproof  material,  securely 
applied.  The  extreme  outer  edge  of  lugs,  brackets  and 
similar  supporting  metal  may  project  to  within  seven- 
eighths  of  an  inch  of  the  surface  of  the  fireproofing.  (Id., 
sec.  107.) 

Part  21. —  Public  Buildings,  Theatres  and  Places  of  Assemblage. 
§  108.  Public  Buildings. —  In  all  buildings  of  a  public 
character,  such  as  hotels,  churches,  theatres,  restaurants, 
railroad  depots,  public  halls,  and  other  buildings  used  or 
intended  to  be  used  for  purposes  of  public  assembly,  amuse- 
ment or  instruction,  and  including  department  stores  and 
other  business  and  manufacturing  buildings  where  large 
numbers  of  people  are  congregated,  the  halls,  doors,  stair- 
ways, seats,  passageways  and  aisles,  and  all  lighting  and 
heating  appliances  and  apparatus  shall  be  arranged  as  the 
Department  of  Buildings  shall  direct  to  facilitate  egress  in 
cases  of  fire  or  accident,  and  to  afford  the  requisite  and 
proper  accommodation  for  the  public  protection  in  such 
cases.  All  aisles  and  passageways  in  said  buildings  shall 
be  kept  free  from  camp  stools,  chairs,  sofas  and  other 
obstructions,  and  no  person  shall  be  allowed  to  stand  in  or 
occupy  any  of  said  aisles  or  passageways,  during  any  per- 


21G  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

formance,  service,  exhibition,  lecture,  concert,  ball  or  any 
public  assemblage.  The  Comniissionrer  of  Buildings  having 
jurisdiction  may  at  any  time  serve  a  written  or  printed 
notice  upon  the  ov^^ner,  lessee  or  manager  of  any  of  said 
buildings,  directing  any  act  or  thing  to  be  done  or  provided 
in  or  about  the  said  buildings  and  the  several  appliances 
therewith  connected,  such  as  halls,  doors,  stairs,  windows, 
seats,  aisles,  fire  walls,  fire  apparatus  and  fire-escapes,  as 
he  may  deem  necessary.  Nothing  herein  contained  shall  be 
construed  to  authorize  or  require  any  other  alterations  to 
theatres  existing  prior  to  June  9,  1885,  than  are  specified  in 
this  section.  (Id.,  sec.  108,  rev.  from  L.  1882,  ch.  410,  §  499, 
as  amend.) 

This  section  must  be  literally  construed.  It  is  not  necessary,  in 
order  to  recover  the  penalty  from  the  manager,  to  prove  that  he 
personally  knew  of  the  violation,  as  he  is  held  responsible  for  the 
acts  of  his  servants.  If  any  one  stood  or  obstructed  an  aisle  or 
passageway,  the  manager  is  guilty.  Fire  Dept.  vs.  Stetson,  14  Daly, 
1^;  Fire  Dept.  vs.  Hill,  14  N.  Y.  Supp.  158.  But  where  there  are 
people  standing  in  vacant  space  which  is  not  used  for  either  an 
aisle  or  a  passageway,  the  statute  is  not  violated.  Sturgis  vs. 
Grau,  39  Misc.  Rep.  330.  "Aisle,"  in  the  statute,  means  aisle  of  a 
theatre  as  built  and  actually  used.  Sturgis  vs.  Coleman,  38 
Misc.    302. 

§  109.  Theatres  and  Places  of  Public  Amusement. —  Every 
theatre  or  opera  house  or  other  building  intended  to  be 
used  for  theatrical  or  operatic  purposes,  or  for  public  enter- 
tainment of  any  kind,  hereafter  erected  for  the  accommoda- 
tion of  more  than  300  persons,  shall  be  built  to  comply  with 
the  requirements  of  this  section.  No  building  which,  at 
the  time  of  the  passage  of  this  Code  is  not  in  actual  use 
for  theatrical  or  operatic  purposes,  and  no  building  here- 
after erected  not  in  conformity  with  the  requirements  of 
this  section,  shall  be  used  for  theatrical  or  operatic  pur- 
poses, or  for  public  entertainments  of  any  kind,  until  the 
same  shall  have  been  made  to  conform  to  the  requirements 
of  this  section.  And  no  building  hereinbefore  described 
shall  be  open^ed  to  the  public  for  theatrical  or  operatic  pur- 
poses, or  for  public  entertainments  of  any  kind,  until  the 
Department  of  Buildings  and  the  Fire  Commissioner  shall 
have  approved  the  same  in  writing  as  conforming  to  the 
requirements  of  this  section.  Every  such  building  shall 
have  at  least  one  front  on  the  street,  and  in  such  front 
there  shall  be  suitable  means  of  entrance  and  exit  for  the 
audience,  not  less  than  twenty-five  feet  in  width.  In  addi- 
tion to  the  aforesaid  entrances  and  exits  on  the  street  there 
shall  be  reserved  for  service  in  case  of  an  emergency  an 
open  court  or  space  in  the  rear  and  on  the  side  not  border- 
ing on  the  street,  where  said  building  is  located  on  a  corner 
lot;  and  in  the  rear  and  on  both  sides  of  said  building, 
where  there  is  but  one  frontage  on  the  street  as  hereinafter 
provided.  The  width  of  such  open  court  or  courts  shall  be 
not  less  than  ten  feet  where  the  seating  capacity  is  not  over 
1,000  people,  above  1,000  and  not  more  than  1,800  people 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  217 

twelve  feet  in  width,  and  above  1,800  people  fourteen  feet 
in  width.  Said  open  court  or  courts  shall  extend  the  full 
length  and  height  of  the  building  and  across  on  each  side 
and  rear  thereof  where  its  sides  or  side  does  not  abut  on  a 
street  or  alley,  and  shall  be  of  the  same  width  at  all  points, 
and  exits  hereafter  specified  shall  lead  into  such  open 
courts.  During  the  performance  the  doors  or  gates  in  the 
corridors  shall  be  kept  open  by  proper  fastenings;  at  other 
times  they  may  be  closed  and  fastened  by  movable  bolts  or 
blocks.  The  said  open  courts  and  corridors  shall  not  be 
used  for  storage  purposes,  or  for  any  purposes  whatsoever 
except  for  exit  and  entrance  from  and  to  the  audi- 
torium and  stage,  and  must  be  kept  free  and  clear 
during  performances.  The  level  of  said  corridors  at 
the  front  entrance  to  the  building  shall  be  not  greater 
than  one  step  above  the  level  of  the  sidewalk  where 
they  begin  at  the  street  entrance.  The  entrance  of  the  main 
front  of  the  building  shall  be  not  on  a  higher  level  from  the 
sidewalk  than  four  steps,  unless  approved  by  the  Depart- 
ment of  Buildings.  To  overcome  any  difference  of  level  in 
and  between  courts,  corridors,  lobbies,  passages  and  aisles 
on  the  ground  floor,  gradients  shall  be  employed  of  not  over 
one  foot  in  twelve  feet,  with  no  perpendicular  rises.  From 
the  auditorium  opening  into  the  said  open  courts  or  on  the 
side  street,  there  shall  be  not  less  than  two  exits  on  each 
side  in  each  tier  from  and  including  the  parquet  and  each 
and  every  gallery.  Each  exit  shall  be  at  least  five  feet  in 
width  in  the  clear  and  provided  with  doors  of  iron  or  wood; 
if  of  wood,  the  doors  shall  be  constructed  as  hereinbefore  in 
this  Code  described.  All  of  said  doors  shall  open  outwardly, 
and  shall  be  fastened  with  movable  bolts,  the  bolts  to  be  kept 
drawn  during  performances.  There  shall  be  balconies  not 
less  than  six  feet  in  vndth  in  the  said  open  court  or  courts  at 
each  level  or  tier  above  the  parquet,  on  each  side  of  the 
auditorium,  of  sufficient  length  to  embrace  the  two  exits, 
and  from  said  balconies  there  shall  be  staircases  extending 
to  the  ground  level,  with  a  rise  of  not  over  eight  and  one- 
half  inches  to  a  step  and  not  less  than  nine  inches  tread, 
exclusive  of  the  nosing.  The  staircase  from  the  upper 
balcony  to  the  next  below  shall  be  not  less  than  forty-eight 
inches  in  width  clear,  and  from  the  first  balcony  to  the 
ground  four  feet  in  width  in  the  clear  where  the  seating 
capacity  of  the  auditorium  is  for  one  thousand  people  or 
less  four  feet  six  inches  in  the  clear  where  above  one  thou- 
sand and  not  more  than  eighteen  hundred  people,  and  five 
feet  in  the  clear  where  above  eighteen  hundred  people  and 
not  more  than  twenty-five  hundred  people,  and  not  over  five 
feet  six  inches  in  the  clear  where  above  twenty-five  hun- 
dred people.  All  the  before-mentioned  balconies  and  stair- 
cases shall  be  constructed  of  iron  throughout,  including  the 
floors,  and  of  ample  strength  to  sustain  the  load  to  be  carried 
by  them,  and  they  shall  be  covered  with  a  metal  hood  or 


218  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

awning',  to  he  constructed  in  such  manner  as  shall  be 
approved  by  the  Department  of  Buildings.  Where  one  side 
of  the  building  borders  on  the  street,  there  shall  be  balconies 
and  staircases  of  like  capacity  and  kind,  as  before  mentioned, 
carried  to  the  ground.  When  located  on  a  corner  lot,  that 
portion  of  the  premises  bordering  on  the.  side  street  and  not 
required  for  the  uses  of  the  theatre  may,  if  such  portion 
be  not  more  than  twenty-five  feet  in  width,  be  used  for 
offices, .  stores  or  apartments,  provided  the  walls  separating 
this  jyortion  from  the  theatre  proper  are  carried  up  solidly 
to  and  through  the  roof,  and  that  a  fireproof  exit  is  pro- 
vided for  the  theatre  on  each  tier,  equal  to  the  combined 
width  of  exits  opening  on  opposite  sides  in  each  tier,  com- 
municating wdth  balconies  and  staircases  leading  to  the 
street  in  manner  provided  elsewhere  in  this  section;  said  exit 
passages  shall  be  entirely  cut  off  by  brick  walls  from  said 
of&ces,  stores  or  apartments,  and  the  floors  and  ceilings  in 
each  tier  shall  be  fireproof.  Nothing  herein  contained  shall 
prevent  a  roof  garden,  art  gallery  or  rooms  for  similar  pur- 
posjBS  being  placed  above  a  theatre  or  public  building,  pro- 
vided the  floor  of  the  same  forming  the  roof  over  such 
theatre  or  building  shall  be  constructed  of  iron  or  steel  and 
fireproof  materials,  and  that  said  floor  shall  have  no  covering 
boards  or  sleepers  of  wood,  but  be  of  tile  or  cement.  Every, 
roof  over  said  garden  or  rooms  shall  have  all  supports  and 
rafters  of  iron  or  steel,  and  be  covered  with  glass  or  fire- 
proof materials,  or  both,  but  no  such  roof  garden,  art  gallery 
or  room  for  any  public  purpose  shall  be  placed  over  or  above 
that  portion  of  any  theatre  or  other  building  which  is  used 
as  a  stage.  No  workshop,  storage  or  general  property  room 
shall  be  allowed  above  the  auditorium  or  stage,  or  under 
thje  same  or  in  any  of  the  fly  galleries.  All  of  said  rooms  or 
shops  may  be  located  in  the  rear  or  at  the  side  of  the 
stage,  but  in  such  cases  they  shall  be  separated  from  the 
stage  by  a  brick  wall,  and  the  openings  leading  into  said 
portions  shall  have  fireproof  doors  on  each  side  of  the 
openings,  hung  to  iron  eyes  built  into  the  wall.  No  portion 
of  any  building  hereafter  erected  or  altered,  used  or  intended 
to  be  used  for  theatrical  or  other  purposes  as  in  this  section 
specified,  shall  be  occupied  or  used  as  a  hotel,  boarding  or 
lodging  house,  factory,  workshop  or  manufactory,  or  for 
storage  purposes,  except  as  may  be  hereafter  specially  pro- 
vided for  Said  restriction  relates  not  only  to  that  portion 
of  the  building  which  contains  the  auditorium  and  the  stage, 
but  applies  also  to  the  entire  structure  in  conjunction  there- 
with. No  store  or  room  contained  in  the  building,  or  the 
offices,  stores  or  apartments  adjoining,  as  aforesaid,  shall  be 
let  or  used  for  carrying  on  any  business,  dealing  and  articles 
designated  as  specially  hazardous  in  the  clas^fication  of  the 
New  York  Board  of  Fire  Underwriters,  or  for  manufacturing 
purposes.  No  lodging  accommodations  shall  be  allowed  in 
any  part  of  the  building  communicating  with  the  auditorium. 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  219 

Interior  walls  built  of  fireproofing-  materials  shall  separate 
the  auditorium  from  the  entrance  vestibule,  and  from  any 
room  or  rooms  over  the  same,  also  from  lobbies,  corridors, 
refreshment  or  other  rooms.  All  staircases  for  the  use  of  the 
audience  shall  be  inclosed  with  walls  of  brick,  or  of  fireproof 
materials  approved  by  the  Department  of  Buildings,  in  the 
stories  through  which  they  pass,  and  the  openings  to  said 
staircases  from  each  tier  shall  be  the  full  width  of  said 
staircase.  No  door  shall  open  immediately  upon  a  flig-ht  of 
stairs,  but  a  landing*  at  least  the  width  of  the  door  shall  be 
provided  between  such  stairs  and  such  door.  A  fire  wall, 
built  of  brick,  shall  separate  the  auditorium  from  the*  stage. 
The  same  shall  extend  at  least  four  feet  above  the  stage 
roof,  or  the  auditorium  roof,  if  the  latter  be  the  higher, 
and  shall  be  coped.  Above  the  proscenium  opening  there 
shall  be  an  iron  girder  of  sufficient  strength  to  safely  support 
the  load  above,  and  the  same  shall  be  covered  with  fireproof 
materials  to  protect  it  from  the  heat.  Should  there  be  con- 
structed an  orchestra  over  the  stage,  above  the  proscenium 
opening,  the  said  orchestra  shall  be  placed  on  the  auditorium 
side  of  the  proscenium  fire  wall,  and  shall  be  entered  only 
from  the  auditorium  side  of  said  wall.  The  molded  frame 
around  the  proscenium  opening  shall  be  formed  entirely  of 
fireproof  materials;  if  metal  be  used,  the  metal  shall  be  filled 
in  solid  with  non-combustible  material  and  securely  anchored 
to  the  wall  wdth  iron.  The  proscenium  opening  shall  be 
provided  with  a  fireproof  metal  curtain,  or  a  curtain  of 
asbestos  or  other  fireproof  material  approved  by  the  Depart- 
ment of  Buildings,  sliding  at  each  end  within  iron  grooves, 
securely  fastened  to  the  brick  wall  and  extending  into  such 
grooves  to  a  depth  not  less  than  six  inches  on  each  side  of 
the  opening.  Said  fireproof  curtain  shall  be  raised  at  the 
commencement  of  each  performance  and  lowered  at  the  close 
of  siaid  performance,  and  be  operated  by  approved  machinery 
for  that  purpose.  The  proscenium  curtains  shall  be  placed 
at  least  three  feet  distant  from  the  footlights  at  the  nearest 
point_  No  doorway  or  opening  through  the  proscenium  wall, 
from  "the  auditorium,  shall  be  allowed  above  the  level  of  the 
first  floor,  and  such  first  floor  openings  shall  have  fireproof 
doors  on  each  face  of  the  wall,  and  the  doors  shall  be  hung 
so  as  to  be  opened  from  either  side  at  all  times.  There  shall 
be  provided  over  the  stage,  metal  skylights  of  an  area  or 
combined  area  of  at  least  one-eighth  the  area  of  said  stage, 
fitted  up  with  sliding  sash  and  glazed  with  double  thick 
sheet  glass  not  exceeding  one-twelfth  of  an  inch  thick,  and 
each  pane  thereof  measuring  not  less  than  300  square  inches, 
and  the  whole  of  which  skylight  shall  be  so  constructed  as 
to  open  instantly  on  the  cutting  or  burning  of  a  hempen 
cord,  which  shall  be  arranged  to  hold  said  skylights  closed, 
or  some  other  equally  simple  approved  device  for  opening 
them  may  be  provided!  Immediately  underneath  the  glass  of 
said  skylights  there  shall  be  wire  netting,  but  wire  glass 


220  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

shall  nxjt  be  used  in  lieu  of  this  requirement.  All  that  por- 
tion of  the  stage  not  comprised  in  the  working-  of  scenery, 
traps  and  other  mechanical  apparatus  for  the  presentation  of 
a  scene,  usually  equal  to  the  width  of  the  proscenium  opening, 
shall  be  built  of  iron  or  steel  beams  filled  in  between  with 
fireproof  material,  and  all  girders  for  the  support  of  said 
beams  shall  be  of  wrought  iron  or  rolled  steel.  The  fly 
galleries  entire,  including  pin-rails,  shall  be  constructed  of 
iron  or  steel,  and  the  floors  of  said  galleries  shall  be  com- 
posed of  iron  or  steel  beams,  filled  with  fireproof  materials, 
and  no  wood  boards  or  sleepers  shall  be  used  as  covering 
over  b^ams,  but  the  said  floors  shall  be  entirely  fireproof. 
The  rigging  loft  shall  be  fireproof.  All  stage  scenery,  cur- 
tains and  decorations  made  of  combustible  material,  and  all 
woodwork  on  or  about  the  stage,  shall  be  painted  or 
saturated  with  some  non-combustible  material  or  otherwise 
rendered  safe  against  fire,  and  the  finishing  coats  of  paint 
applied  to  all  woodwork  through  the  entire  building  shall 
be  of  such  kind  as  will  resist  fire  to  the  satisfaction  of  the 
Department  of  Buildings.  The  roof  over  the  auditorium  and 
the  entire  main  floor  of  the  auditorium  and  vestibule,  also 
the  entire  floor  of  the  second  story  of  the  front  super- 
structure over  the  entrance,  lobby  and  corridors,  and  all 
galleries  and  support  for  the  same  in  the  auditorium  shall 
be  constructed  of  iron  and  st^el  and  fireproof  materials,,  not 
excluding  the  use  of  wood  floorboards  and  necessary  sleepers 
to  fasten  the  same  to,  but  such  sleepers  shall  not  mean 
timbers  of  support,  and  the  space  between  the  sleepers, 
excepting  a  portion  under  the  stepping  in  the  galleries,  which 
shall  be  properly  fire  stopped,  shall  be  solidly  filled  with 
incombustible  material  up  to  under  sid£  of  the  fioor  boards. 
The  fronts  of  each  gallery  shall  be  formed  of  fireproof 
materials,  except  the  capping,  which  may  be  made  of  wood. 
The  ceiling  under  each  gallery  shall  be  entirely  formed  of 
fireproof  materials.  The  ceiling  by  the  auditorium  shall  be 
formed  of  fireproof  materials.  All  lathing,  whenever  used, 
shall  be  of  wire  or  other  metal.  The  partitions  in  that 
portion  of  the  building  which  contains  the  auditorium,  the 
entrance  and  vestibule  and  every  room  and  passage  devoted 
to  the  use  of  the  audience  shall  be  constructed  of  fireproof 
materials,  including  the  furring  of  outside  or  other  walls. 
None  of  the  walls  or  ceilings  shall  be  covered  with  wood 
sheathing,  canvas  or  any  combustible  material.  But  this 
shall  not  exclude  the  use  of  wood  wainscoting  to  a  height 
not  to  exceed  six  feet,  which  shall  be  filled  in  solid  between 
the  wainscoting  and  the  wall  with  fireproof  materials.  The 
walls  separating  the  actor's  dressing  rooms  from  the  stage 
and  the  partitions  dividing  the  dressing  rooms,  together 
with  the  partitions  of  every  passageway  from  the  same  to 
the  stEige,  and  all  other  partitions  on  or  about  the  stage, 
shall  be  constructed  of  fireproof  material  approved  by  the 
Department  of  Buildings.    All  doors  in  any  of  said  partitions 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  221 

shall  be  fireproof.  All  shelving-  and  cupboards  in  each  and 
every  dressing*  room,  property  room  or  other  storage  rooms 
shall  be  constructed  of  metal,  slate  or  some  fireproof  material. 
Dressing"  rooms  may  be  placed  in  the  fiy  g-alleries,  provided 
that  proper  exits  are  secured  therefrom  to  the  fire  escapes  in 
the  open  courts,  and  that  the  partitions  and  other  matters 
pertaining-  to  dressing-  rooms  shall  conform  to  the  require- 
ments herein  contained,  but  the  stairs  leading  to  the  same 
shall  be  fireproof.  All  dressing  rooms  shall  have  an  inde- 
pendent exit  leading  directly  into  a  court  or  street,  and 
shall  be  ventilated  by  v/indows  in  the  external  walls;  and 
no  dressing  room  shall  be  belovv^  the  street  level.  All  win- 
dows shall  be  arranged  to  open,  and  none  of  the  windows  in 
outside  walls  shall  have  fixed  sashes,  iron  grills  or  bars. 
All  seats  in  the  auditorium,  excepting  those  contained  in 
boxes,  shall  be  not  less  than  thirty-two  inches  from  back  to 
back,  measured  in  a  horizontal  direction,  and  firmly  secured 
to  the  floor.  No  seat  in  the  auditorium  shall  have  more  than 
six  seats  intervening  between  it  and  an  aisle  on  either  side. 
No  stool  or  seat  shall  be  placed  in  any  aisle.  All  platforms 
in  galleries  formed  to  receive  the  seats  shall  not  be  more 
than  twenty-one  inches  in  height  of  riser,  nor  less  than 
thirty-two  inches  in  width  of  platform.  All  aisles  on  the 
respective  floors  of  the  auditorium  shall  be  not  less  than 
three  feet  wide  where  they  begin,  and  shall  be  increased  in 
\^^dth  toward  the  exits  in  a  ratio  of  one  and  one-half  inches 
to  five  running  feet.  The  foyers,  lobbies,  corridors,  passages 
and  rooms  for  the  use  of  the  audience,  not  including  aisles 
spaced  beween  seats,  shall  on  the  first  or  main  floor,  where 
the  seating  capacity  exceeds  five  hundred  or  more,  be  at 
least  sixteen  feet  clear,  back  of  the  last  row  of  seats,  and  on 
each  balcony  or  gallery  at  least  twelve  feet  clear  of  the  last 
row  of  seats.  Gradients  or  inclined  planes  shall  be  employed 
instead  of  steps  where  possible  to  overcome  slight  difference 
of  level  in  or  between  aisles,  corridors  and  passages.  Every 
theatre  accommodating  three  hundred  persons  shall  have  at 
least  two  exits;  v\rhen  accomnaodating  five  hundred  persons, 
at  least  three  exits  shall  be  pro\nded;  these  exits  nOt  re- 
ferring to  or  including  the  exits  to  the  open  court  at  the 
side  of  the  theatre.  Doorways  of  exit  or  entrance  for  the 
use  of  the  public  shall  be  not  less  than  five  feet  in  width, 
and  for  every  additional  one  hundred  persons  or  portions 
thereof  to  be  accommodated,  in  excess  of  five  hundred,  an 
aggregate  of  twenty  inches  additional  exit  width  must  be 
allowed.  All  doors  of  exit  or  entrance  shall  open  outwardly 
and  be  hung  to  swing  in  such  a,  manner  as  not  to  become 
an  obstruction  in  a  passage  or  corridor,  and  no  such  doors 
shall  be  closed  and  locked  during  any  representation,  or 
when  the  building  is  open  to  the  public.  Distinct  and 
separate  places  of  exit  and  entrance  shall  be  provided  for 
each  gallery  above  the  first.  A  common  place  of  exit  and 
entrance  may  serve  for  the  main  fioor  of  the  auditorium  and 


222  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

tlue  first  gallery,  provided  its  capacity  be  equal  to  the  aggre- 
gate capacity  of  the  outlets  froni  the  main  floor  and  the  said 
gallery.  No  passage  leading  to  any  stairway  communicating 
with  any  entrance  or  exit  shall  be  less  than  four  feet  in 
w^idth  in  any  part  thereof.  All  stairs  within  the  building 
shall  be  constructed  of  fireproof  material  throughout. 
Stairs  from  balconies  and  galleries  shall  not  communicate 
with  the  basement  or  cellar.  All  stairs  shall  have  treads  of 
uniform  width  and  risers  of  uniform  height  throughout  in 
each  fiight.  Stairways  serving  for  the  exit  of  fifty  people 
shall  be  at  least  four  feet  wide  between  railings  or  between 
walls,  and  for  every  additional  fifty  people  to  be  accom- 
modated six  inches  must  be  added  to  their  width.  The  width 
of  all  stairs  shall  be  measured  in  the  clear  between  hand  rails. 
In  no  case  shall  the  risers  of  any  stairs  exceed  seven  and 
one-half  inches  in  height,  nor  shall  the  treads,  exclusive  of 
nosings,  be  less  than  ten  and  one-half  inches  wide  in  straight 
stairs.  No  circular  or  winding  stairs  for  the  use  of  the  public 
shall  be  permitted.  WTi^re  the  seating  capacity  is  for  more 
than  one  thousand  people,  there  shall  be  at  least  two  inde- 
pendent staircases,  with  direct  exterior  outlets,  provided  for 
each  gallery  in  the  auditorium,  where  there  are  not  more 
than  two  galleries,  and  the  same  shall  be  located  on  opposite 
sides  of  said  galleries.  Where  there  are  more  than  two  gal- 
leries one  or  more  additional  staircases  shall  be  provided,  the 
outlets  from  which  shall  communicate  directly  with  the 
principal  exit  or  other  exterior  outlets.  All  said  staircases 
shall  be  of  width  proportionate  to  the  seating  capacity  as 
elsewhere  herein  prescribed.  Where  the  seating  capacity  is 
for  1,000  people,  or  less,  two  direct  lines  of  staircases  only 
shall  be  required,  located  on  opposite  sides  of  the  galleries, 
and  in  both  case  shall  extend  from  the  sidewalk  level  to  the 
upper  gallery,  with  outlets  from  each  gallery  to  each  of  said 
staircases.  At  least  two  independent  staircases,  with  direct 
exterior  outlets,  shall  also  be  provided  for  the  service  of  the 
stage  and  shall  be  located  on  the  opposite  sides  of  the  same. 
All  inside  st-airways  leading  to  the  upper  galleries  of  the  audi- 
torium shall  be  inclosed  on  both  sides  with  walls  of  fireproof 
materials.  Stairs  leading  to  the  first  or  lower  gallery  inay  be 
left  open  on  one  side,  in  which  case  they  shall  be  constructed 
as  herein  provided  for  similar  stairs  leading  from  the  en- 
trance hall  to  the  main  floor  of  the  auditorium.  But  in  no 
case  shall  stairs  leading  to  any  gallery  be  left  open  on  both 
sides.  When  straight  stairs  return  directly  on  themselves,  a 
landing  of  the  full  width  of  both  flights,  without  any  steps, 
shall  be  provided.  The  outer  line  of  landings  shall  be  curved 
to  a  radius  of  not  less  than  two  feet  to  avoid  square  angles. 
Stairs  turning  at  an  angle  shall  have  a  proper  landing  with- 
out winders  introduced  at  said  turn.  In  stairs,  when  two 
side  flights  connect  with  one  main  flight,  no  winders  shall  be 
introduced,  and  the  width  of  the  main  flight  shall  be  at  least 
equal  to  the  aggregate  width  of  the  side  flights.     All  stairs 


CODE   OF   ORDINANCES  OF  THE  CITY  OF   NEW  YORK.  223 

shall  have  proper  landings  introduced  at  convenient  dis- 
tances. All  inclosed  staircases  shall  have,  on  both  sides, 
strong  hand  rails  firmly  secured  to  the  w^all  about  three 
inches  distant  therefrom  and  about  three  feet  above  the 
stairs,  but  said  hand  rails  sliall  not  run  on  level  platforms 
and  landings  where  the  same  is  more  in  length  than  the 
width  of  the  stairs.  All  staircases  eight  feet  and  over  in 
width  shall  be  provided  with  a  centre  hand  rail  of  metal, 
not  less  than  two  inches  in  diameter,  placed  at  a  height  of 
about  three  feet  above  the  centre  of  the  treads,  and  sup- 
ported on  wrought  metal  or  brass  standards  of  sufficient 
strength,  placed  not  nearer  than  four  feet  nor  more  than  six 
feet  apart,  and  securely  bolted  to  the  treads  or  risers  of 
stairs,  or  both,  and  at  the  head  of  each  flight  of  stairs,  on 
each  landing,  the  post  or  standard  shall  be  at  least  six  feet 
in  height,  to  which  the  rail  shall  be  secured.  Every  steam 
boiler  which  may  be  required  for  heating  or  other  purposes 
shall  be  located  outside  of  the  building,  and  the  space  allotted 
to  the  same  shall  be  inclosed  by  walls  of  masonry  on  all  sides, 
and  the  ceiling  of  such  space  shall  be  constructed  of  fire- 
proof materials.  All  doorways  in  said  walls  shall  have 
fireproof  doors.  No  floor  register  for  heating  shall  be  per- 
mitted. No  coil  or  radiator  shall  be  placed  in  any  aisle  or 
passage  way  used  as  an  exit,  but  all  said  coils  and  radiators 
shall  be  placed  in  recesses  formed  in  the  wall  or  partition  to 
receive  the  same.  All  supply,  return  or  exhaust  pipes  shall 
be  properly  incased  and  protected  where  passing  through 
floors  or  near  woodwork.  Stand  pipes  four  inches  in 
diam.eter  shall  be  provided  with  hose  attachments  on  every 
floor  and  gallery  as  follows,  namely:  One  on  each  side  of  the 
auditorium  in  each  tier,  also  on  each  side  of  the  stage  in 
each  tier,  and  at  least  one  in  the  property  room  and  one  in 
the  carpenter's  shop,  if  the  same  be  contiguous  to  the 
building.  All  such  stand  pipes  shall  be  kept  clear  from 
obstruction.  Said  stand  pipes  shall  be  separate  and  distinct, 
receiving  their  supply  of  water  direct  from  the  power  pump 
or  pumps,  and  shall  be  fitted  with  the  regulation  couplings 
of  the  Fire  Department,  and  shall  be  kept  constantly  filled 
with  water  by  means  of  an  automatic  power  pump  or  pumps, 
of  sufficient  capacity  to  supply  all  the  lines  of  hose  when 
operated  simultaneously,  and  said  pump  or  pumps  shall  be 
supplied  from  the  street  main  and  be  ready  for  immediate 
use  at  all  times  during  the  performance  in  said  building. 
In  addition  to  the  requirements  contained  in  this  section, 
the  stand  pipes  shall  also  conform  to  the  requirements  con- 
tained in  section  102  of  this  Code,  A  separate  and  distinct 
system  of  automatic  sprinklers,  with  fusible  plugs,  approved 
by  the  Department  of  Buildings,  supplied  with  water  from  a 
tank  located  on  the  roof  over  the  stage  and  not  connected  in 
any  manner  with  the  stand  pipes,  shall  be  placed  at  each 
side  of  the  proscenium  opening  and  on  the  ceiling  or  roof 
over  the  stage  at  such  intervals  as  will  protect  every  square 


224  CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YOBK. 

foot  of  stage  surface  when  said  sprinkLers  are  in  operation. 
Automatic  sprinklers  shall  also  be  placed,  wherever  prac- 
ticable, in  the  dressing  rooms  under  the  stage  and  in  the 
carpenter  shop,  paint  rooms,  store  rooms  and  property  room. 
A  proper  and  sufficient  quantity  of  two  and  one-half  inch 
hose,  not  less  than  one  hundred  feet  in  length,  fitted  with 
the  regulation  couplings  of  the  Fire  Department  and  with 
nozzles  attached  thereto,  and  with  hose  spanners  at  each 
outlet,  shall  always  be  kept  attached  to  each  hose  attachment 
as  the  Fire  Commissioner  may  direct.  There  shall  also  be 
kept  in  readiness  for  immediate  use  on  the  stage,  at  least 
four  casks  full  of  water,  and  two  buckets  to  each  cask.  Said 
casks  and  buckets  shall  be  painted  red.  There  shall  also  be 
provided  hand  pumps  or  other  portable  fire  extinguishing 
apparatus  and  at  least  four  axes  and  two  twenty-five-foot 
hooks,  two  fifteen-foot  hooks,  and  two  ten-foot  hooks  on 
each  tier  or  floor  of  the  stage.  Every  portion  of  the  building 
devoted  to  the  uses  or  accommodation  of  the  public,  also  all 
outlets  leading  to  the  streets  and  including  the  open  courts 
or  corridors,  shall  be  well  and  properly  lighted  during  every 
performance,  and  the  same  shall  remain  lighted  until  the 
entire  audience  has  left  the  premises.  All  gas  or  electric 
lights  in  the  halls,  corridors,  lobby  or  any  other  part  of  said 
buildings  used  by  the  audience,  except  the  auditorium,  must 
be  controlled  by  a  separate  shut-off,  located  in  the  lobby  and 
controlled  only  in  that  particular  place.  Gas  mains  supplying 
the  building  shall  have  independent  connections  for  the 
auditorium  and  the  stage,  and  provision  shall  be  made  for 
shutting  off  the  gas  from  the  outside  of  the  building.  When 
interior  gas  lights  .are  not  lighted  by  electricity  other  suit- 
able appliances,  to  be  approved  by  the  Department  of 
Buildings  shall  be  provided.  All  suspended  or  bracket  lights 
surrounded  by  glass  in  th£  auditorium,  or  in  any  part  of  the 
building  devoted  to  the  public,  shall  be  provided  with  proper 
wire  netting  underneath.  No  gas  or  electric  light  shall  be 
inserted  in  the  walls,  woodwork,  ceilings,  or  in  any  part  of 
the  building,  unless  protected  by  fireproof  materials.  All 
lights  in  passages  and  corridors  in  said  buildings,  and 
wherever  deemed  necessary  by  the  Department  of  Buildings, 
shall  be  protected  vdth  proper  wire  network.  Tha  foot  lights, 
in  addition  to  the  Avire  network,  shall  be  protected  with  a 
strong  wire  g^iard  and  chain,  placed  not  less  than  two  feet 
distant  from  said  foot  lights,  and  the  trough  containing  said 
foot  lights,  shall  be  formed  of  and  surrounded  by  fireproof 
materials.  All  border  lights  shall  be  constructed  according 
to  the  best  known  methods,  and  subject  to  the  approval  of 
the  Department  of  Buildings,  and  shall  be  suspended  for  ten 
feet  by  wire  rope.  All  ducts  or  shafts  used  for  conducting 
heated  air  from  the  main  chandelier,  or  from  any  other 
light  or  lights,  shall  be  constructed  of  metal  and  made 
double,  with  an  air  space  between.  All  stage  lights  shall 
have  strong-  metal  Mire  g-uards  or  screens,  not  less  than  ten. 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  225 

inches  in  diameter,  so  constructed  that  any  material  in  con- 
tact therewith  shall  be  out  of  reach  of  the  flames  of  said 
stage  lights,  and  must  be  soldered  to  the  fixture  in  all  cases. 
The  stand  pipes,  gas  pipes,  electric  wires,  hose,  foot  lights 
and  all  apparatus  for  the  extinguishing  of  fire  or  guarding 
against  the  same,  as  in  this  section  specified,  shall  be  in 
charge  and  under  control  of  the  Fire  Department,  and  the 
commissioner  of  said  department  is  hereby  directed  to  see 
that  the  arrangements  in  respect  thereto  are  carried  out  and 
enforced.  A  diagram  or  plan  of  each  tier,  gallery  or  floor, 
showing  distinctly  the  exits  therefrom,  each  occupying  a 
space  not  less  than  fifteen  square  inches,  shall  be  printed  in 
black  lines  in  a  legible  manner  on  the  programme  of  the 
performance.  Every  exit  shall  have  over  the  same  on  the 
inside  the  word  "  Exit "  painted  in  legible  letters  not  less 
than  eight  inches  high.  (Id.,  sec.  109,  as  amend,  by  ord.  app. 
June  3,  1904.) 

§  109a.  The  provisions  of  the  foregoing  section  shall  not 
be  construed  to  mean  or  made  to  apply  to  any  theatre, 
opera  house  or  building  intended  to  be  used  for  theatrical 
or  operatic  purposes,  now  erected  or  for  which  plans  have 
heretofore  been  approved  by  the  Superintendent  of  Buildings. 
(Id.,  sec.  2.) 

Part  22.—  Iron  and  Steel  Construction, 
§  110.  Skeleton  Construction. —  Where  columns  are  used 
to  support  iron  or  steel  girders  carrying  inclosure  walls,  the 
said  columns  shall  be  of  cast  iron,  wrought  iron,  or  rolled 
steel,  and  on  their  exposed  outer  and  inner  surfaces  be  con- 
structed to  resist  fire  by  having  a  casing  of  brickwork  not 
less  than  eight  inches  in  thickness  on  the  outer  surfaces, 
nor  less  than  four  inches  in  thickness  on  the  inner  surfaces, 
and  all  bonded  into  the  brickwork  of  the  inclosure  walls. 
The  exposed  sides  of  the  iron  or  steel  girders  shall  be  simi- 
larly covered  in  with  brickwork  not  less  than  four  inches  in 
thickness  on  the  outer  surfaces  and  tied  and  bonded,  but 
the  extreme  outer  edge  of  the  flanges  of  beams,  or  plates  or 
angles  connected  to  the  beams,  may  project  to  within  two 
inches  of  the  outside  surface  of  the  brick  casing.  The 
inside  surfaces  of  girders  may  be  similarly  covered  wdth 
brickwork,  or  if  projecting  inside  of  the  wall,  they  shall  be 
protected  by  terra-cotta,  concrete  or  other  fireproof 
material.  Girders  for  the  support  of  the  inclosure  walls 
shall  be  placed  at  the  floor  line  of  each  story.  (Id.,  sec.  110, 
rev.  from  L.  1882,  ch.  410,  §  485.) 

§  111.  Steel  and  Wrought  Iron  Columns. —  No  part  of  a 
steel  or  wrought  iron  column  shall  be  less  than  one-quarter 
of  an  inch  thick.  No  wrought  iron  or  rolled  steel  column 
shall  have  an  unsupported  length  of  more  than  forty  times 
its  least  lateral  dimension  or  diameter,  except  as  modified 
by  section  138  of  this  Code,  and  also  except  in  such  cases 
p,s  the  Commissioners  of  Bnildings  may  specially  allow  ^ 

J5 


226  CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

greater  unsupported  length.  The  ends  of  all  columns  shall 
be  faced  to  a  plane  surface  at  right  angles  to  the  axis  of 
the  columns  and  the  connection  between  them  shall  be  made 
with  splice  plates.  The  joint  may  be  effected  by  rivets  of 
sufficient  size  and  number  to  transmit  the  entire  stress,  and 
then  the  splice  plates  shall  be  equal  in  sectional  area  to  the 
area  of  column  spliced.  When  the  section  of  the  columns 
to  be  spliced  is  such  that  spliced  plates  cannot  be  used,  a 
connection  formed  of  plates  and  angles  may  be  used, 
designed  to  properly  distribute  the  stress.  No  material, 
whether  in  the  body  of  the  column  or  used  as  lattice  bar  or 
stay  plate,  shall  be  used  in  any  wrought  iron  or  steel 
column  of  less  thickness  than  one-thirty-second  of  its 
unsupported  width,  measured  between  centres  of  rivets 
transversely,  or  one-sixteenth  the  distance  between  centres 
or  rivets  in  the  direction  of  the  stress.  Stay  plates  are  to 
have  not  less  than  four  rivets,  and  are  to  be  spaced  so  that 
the  ratio  of  length  by  the  least  radius  of  gyration  of  the 
parts  connected  does  not  exceed  forty;  the  distance  between 
nearest  rivets  of  two  stay  plates  shall  in  this  case  be  con- 
sidered as  length.  Steel  and  wrought  iron  columns  shall  be 
made  in  one,  two  or  three-story  lengths,  and  the  materials 
shall  be  rolled  in  one  length  wherever  practicable  to  avoid 
intermediate  splices.  Where  any  part  of  the  section  of  a 
column  projects  beyond  that  of  the  column  below,  the  dif- 
ference shall  be  made  up  by  filling  plates  secured  to  column 
by  the  proper  number  of  rivets.  Shoes  of  iron  or  steel,  as 
described  for  cast-iron  columns,  or  built  shoes  of  plates  and 
shapes  may  be  used,  complying  with  same  requirements. 
(Id.,  sec.  111.) 

§  112.  Cast-iron  Columns. —  Cast-iron  columns  shall  not 
have  less  diameter  than  five  inches,  or  less  thickness  than 
three-quarters  of  an  inch.  Nor  shall  they  have  an  unsup- 
ported length  of  more  than  twenty  times  their  least  lateral 
dimensions  or  diameter,  except  as  modified  by  section  138  of 
this  Code,  and  except  the  same  may  form  part  of  an  elevator 
inclosure  or  staircase,  and  also  except  in  such  cases  as  the 
Commissioner  of  Buildings  having  jurisdiction,  may  specially 
allow  a  greater  unsupported  length.  All  cast-iron  columns 
shall  be  of  good  workmanship  and  material.  The  top  and 
bottom  flange,  seats  and  lugs  shall  be  of  ample  strength, 
reinforced  by  fillets  and  brackets;  they  shall  be  not  less  than 
one  inch  in  thickness  when  finished.  All  columns  must  be 
faced  at  the  ends  to  a  true  surface  perpendicular  to  the 
axis  of  the  column.  Column  joints  shall  be  secured  by  not 
less  than  four  bolts  each,  not  less  than  three-quarters  of  an 
inch  in  diameter.  The  holes  for  these  bolts  shall  be  drilled 
to  a  template.  The  core  of  a  column  below  a  joint  shall  be 
not  larger'than  the  core  of  the  column  above  and  the  metal 
shall  be  tapered  down  for  a  distance  of  not  less  than  six 
inches,  or  a  joint  plate  may  be  inserted  of  sufficient  strength 
to  distribute  the  load.    The  thickness  of  metal  shall  be  »ot 


CODE  OF  ORDINANCES  OP  THE  CITY  OP  NEW  YORK.  227 

less  than  one-twelfth  the  diameter  or  the  greatest  lateral 
dimension  of  cross  section,  but  never  less  than  three-quar- 
ters of  an  inch.  Wherever  the  core  of  a  cast-iron  column 
has  shifted  more  than  one-fourth  the  thickness  of  the  shell, 
the  sti-ength  shall  be  computed,  assuming-  the  thickness  of 
metal  all  around  equal  to  the  thinnest  part,  and  the  column 
shall  be  condemned  if  this  computation  show^s  the  strength 
to  be  less  than  required  by  this  Code.  Wherever  blowholes 
or  imperfections  are  found  in  a  cast-iron  column  which 
reduces  the  area  of  the  cross  section  at  that  point  more 
than  ten  per  cent.,  such  column  shall  be  condemned.  Cast- 
iron  posts  or  columns  not  cast  with  one  open  side  or  back, 
before  being  set  up  in  place,  shall  have  a  three-eighths-inch 
hole  drilled  in  the  shaft  of  each  post  or  column  by  the 
manufacturer  or  contractor  furnishing  the  same,  to  exhibit 
the  thickness  of  the  castings,  and  any  other  similar  sized 
hole  or  holes  which  the  Commissioners  of  Buildings  may 
require  shall  be  drilled  in  the  said  posts  or  columns  by  the 
said  manufacturer  or  contractor  at  his  own  expense. 

Iron  or  steel  shoes  or  plates  shall  be  used  under  the  bot- 
tom tier  of  columns  to  properly  distribute  the  load  on  the 
foundation.    Shoes  shall  be  placed  on  top.     (Id.,  sec.  112.) 

§  113.  Double  Columns. —  In  all  buildings  hereafter 
erected  or  altered,  where  any  iron  or  steel  column  or 
columns  are  used  to  support  a  wall  or  part  thereof,  whether 
the  same  be  an  exterior  or  an  interior  wall,  and  columns 
located  below  the  level  of  the  sidewalk  which  are  used  to 
support  exterior  walls  or  arches  over  vaults,  the  said  column 
or  columns  shall  be  either  constructed  double  —  that  is,  an 
outer  and  an  inner  column,  the  inner  column  alone  to  be  of 
sufficient  strength  to  sustain  safely  the  weight  to  be  imposed 
thereon,  and  the  outer  columns  shall  be  one  inch  shorter 
than  the  inner  columns,  or  such  other  iron  or  steel  column 
of  sufficient  strength  and  protected  w^ith  not  less  than  two 
inches  of  fireproof  material  securely  applied,  except  that 
double  or  protected  columns  shall  not  be  required  for  walls 
fronting  on  streets  or  courts.  (Id.,  sec.  113,  rev.  from 
L.  1882,  ch.  410,  §  485,  as  amend.) 

§  114.  Party-Wall  Posts. —  If  iron  or  steel  posts  are  to  be 
used  as  party  posts  in  front  of  a  party  wall,  and  intended 
for  two  buildings,  then  the  said  posts  shall  be  not  less  in 
width  than  the  thickness  of  the  party  wall,  nor  less  in 
depth  than  the  thickness  of  the  wall  to  be  supported  above. 
Iron  or  steel  posts  in  front  of  side,  division  or  party  walls 
shall  be  filled  up  solid  with  masonry  and  made  perfectly 
tight  between  the  posts  and  walls.  Intermediate  posts  may 
be  used,  which  shall  be  sufficiently  strong,  and  the  lintels 
thereon  shall  have  sufficient  bearings  to  carry  the  weight 
above  with  safety.  (Id.,  sec.  114,  rev.  from  L.  1882,  ch.  410, 
§  485,  as  amend.) 

§  115.  Plates  between  Joints  of  Open  Back  Columns. — 
Iron  or  steel  posts  or  columns,  wuth  one  or  more  open  sides 


228  CODE  OF  OEDiNANCES  OF  THE  CITY  OF  NEW  YORK. 

and  backs,  shall  have  solid  iron  plates  on  top  of  each, 
excepting-  where  pierced  for  the  passage  of  pipes.  (Id,,  sec. 
115,  rev.  from  L.  1882,  ch.  410,  §  485.) 

§  116.  Steel  and  Iron  Girders. —  Eivets  in  flanges  shall 
be  placed  so  that  the  last  value  of  a  rivet  for  either  shear 
or  bearing  is  equal  or  greater  than  the  increment  of  strain 
due  to  the  distance  between  adjoining  rivets.  All  other 
rules  given  under  riveting  shall  be  followed.  The  length  of 
rivets  between  heads  shall  be  limited  to  four  times  the 
diameter.  The  compression  flange  of  plate  girders  shall  be 
secured  against  buckling,  if  its  length  exceeds  thirty  times 
its  width.  If  splices  are  used,  they  shall  fully  make  good 
the  members  spliced  in  either  tension  or  compression. 
Stiffeners  shall  be  provided  over  supports  and  other  con- 
centrated loads;  they  shall  be  of  sufficient  length  as  a  column, 
to  carry  the  loads,  and  shall  be  connected  with  a  sufficident 
number  of  rivets  to  transmit  the  stresses  into  the  web 
girders.  If  the  unsupported  depth  of  the  web  plate  exceeds 
sixty  times  its  thickness,  stiffeners  shall  be  used  at  intervals 
not  exceeding  120  times  the  thickness  of  the  web.  (Id., 
sec.  116.) 

§  117.  Rolled  Steel  and  Wrought  Iron  Beams  Used  as 
Girders. —  When  rolled  steel  or  wrought  iron  beams  are  used 
in  pairs  to  form  a  girder,  they  shall  be  connected  together 
by  bolts  and  iron  separators  at  intervals  of  not  more  than 
five  feet.  All  beams  twelve  inches  and  over  in  depth  shall 
have  at  least  two  bolts  to  each  separator.     (Id.,  sec.  117.) 

§  118.  Cast-iron  Lintels. —  Cast-iron  lintels  shall  not  be 
used  for  spans  exceeding  sixteen  feet.  Cast-iron  lintels  or 
beams  shall  be  not  less  than  three-quarters  of  an  inch  in 
thickness  in  any  of  their  parts.  (Id.,  sec.  118,  rev.  from 
L.  1882,  ch.  410,  §  485,  as  amend.) 

§  119.  Plates  under  Ends  of  Lintels  and  Girders. —  When 
the  lintels  or  girders  are  supported  at  the  ends  by  brick 
walls  or  piers  they  shall  rest  upon  cut  granite  or  bluestone 
blocks  at  least  ten  inches  thick,  or  upon  cast-iron  plates  of 
equal  strength  by  the  full  size  of  the  bearings.  In  case  the 
opening  is  less  than  twelve  feet,  the  stone  blocks  may  be 
five  inches  in  thickness,  or  cast-iron  plates  of  equal  strength 
by  the  full  size  of  the  bearings,  may  be  used,  provided  that 
in  all  cases  the  safe  loads  do  not  exceed  those  fixed  by  sec- 
tion 139  of  this  Code.  (Id.,  sec.  119,  rev.  from  L.  1882, 
ch.  410,  §  485.) 

§  120.  Rolled  Steel  and  Wrought  Iron  Floor  and  Roof 
Beams. —  All  rolled  steel  and  wrought  iron  floor  and  roof 
beams  used  in  buildings  shall  be  of  full  weight,  straight  and 
free  from  injurious  defects.  Holes  for  tie  rods  shall  be 
placed  as  near  the  thrust  of  the  arch  as  practicable.  The 
distance  between  tie  rods  in  floors  shall  not  exceed  eight 
feet,  and  shall  not  exceed  eight  times  the  depth  of  floor 
beams  twelve  inches  and  under.  Channels  or  other  shapes, 
where  used  as  skewbacks,  shall  have  a  sufficient  resisting 


CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  229 

moment  to  take  up  the  thrust  of  the  arch.  Bearing  plates  of 
stone  or  metal  shall  be  used  to  reduce  the  pressure  on  the 
wall  to  the  working-  stress.  Beams  resting-  on  girders  shall 
be  securely  riveted  or  bolted  to  the  same;  where  joined  on 
a  girder,  tie-straps  of  one-half  inch  net  sectional  area  *hall 
be  used,  with  rivets  or  bolts  to  correspond.  Anchors  shall 
be  provided  at  the  ends  of  all  such  beams  bearing  on  walls. 
(Id.,  sec.  120.) 

§  121.  Templates  under  Ends  of  Steel  or  Iron  Floor 
Beams. —  Under  the  ends  of  all  iron  or  steel  beams  where 
they  rest  on  the  walls,  a  stone  or  cast-iron  template  shall 
be  built  into  the  walls.  Templates  under  ends  of  steel  or 
iron  beams  shall  be  of  such  dimensions  as  to  bring  no 
greater  pressure  upon  the  brickwork  than  that  allowed  by 
section  139  of  this  Code.  When  rolled  iron  or  steel  floor 
beams,  not  exceeding  six  inches  in  depth,  are  placed  not 
more  than  thirty  inches  on  centres,  no  templates  shall  be 
required.  (Id.,  sec.  121,  rev.  from  L.  1882,  ch.  410,  §  484, 
as  amend.) 

§  122.  Framing  and  Connecting  Structural  Work. —  All 
iron  or  steel  trimmer  beams,  headers,  and  tail  beams,  shall 
be  suitably  framed  and  connected  together,  and  the  iron  or 
steel  girders,  columns,  beams,  trusses  and  all  other  iron 
work  of  all  floors  and  roofs  shall  be  strapped,  bolted, 
anchored  and  connected  together,  and  to  the  walls. 

All  beams  framed  into  and  supported  by  other  beams  or 
girders  shall  be  connected  thereto  by  angles  or  knees  of  a 
proper  size  and  thickness,  and  have  sufficient  bolts  or  rivets 
in  both  legs  of  each  connecting  angle  to  transmit  the  entire 
weight  or  load  coming  on  the  beam  to  the  supporting  beam 
or  girder.  In  no  case  shall  the  shearing  value  of  the  bolts 
or  rivets  or  the  bearing  value  of  the  connection  angles,  pro- 
vided for  in  section  139  of  this  Code,  be  exceeded.  (Id., 
sec.  122,  rev.  from  L.  1882,  ch.  410,  §  484,  as  amend.) 

§  123.     Riveting    of    Structural    Steel    and    Wrought    Iron 
Work. —  The  distance  from  centre  of  a  rivet  hole  to  the  edge 
of  the  material  shall  not  be  less  than: 
%  of  an  inch  for  i^-inch  rivets. 
%  of  an  inch  for  %-inch  rivets, 

iVs  of  an  inch  for  %-inch  rivets. 

1%  of  an  inch  for  %-inch  rivets. 

1^  of  an  inch  for     1-inch  rivets. 

Wherever  possible,  however,  the  distance  shall  be  equal  to 
two  diameters.  All  rivets,  wherever  practicable,  shall  be 
machine  driven.  The  rivets  in  connections  shall  be  propor- 
tioned and  placed  to  suit  the  stresses.  The  pitch  of  rivets 
shall  never  be  less  than  three  diameters  of  the  rivet,  nor 
more  than  six  inches.  In  the  direction  of  the  stress  it  shall 
not  exceed  sixteen  times  the  least  thickness  of  the  outside 
member.  At  right  angles  to  the  stress  it  shall  not 
exceed   thirty-two    timjes    the    least    thickness    of    the    out- 


230  CODE  OF  OBDINANCES  OF  THE  CITY  OF  NEW  YOBK. 

side  member.  All  holes  shall  be  punched  accurately,  so  that 
upon  assembling  a  cold  rivet  will  enter  th£  hole  without 
straining"  the  material  by  drifting.  Occasional  slight  errors 
shall  be  corrected  by  reaming.  The  rivets  shall  fill  the  holes 
completely;  the  heads  shall  be  hemispherical  and  concentric 
with  the  axis  of  the  rivet.  Gussets  shall  be  provided 
wherever  required,  of  sufficient  thickness  and  size  to  accom- 
modate the  number  of  rivets  necessary  to  make  a  connection. 
(Id.,  sec.  123.) 

§  124.  Bolting  of  Structural  Steel  and  Wrought  Iron 
Work. —  Where  riveting  is  not  made  mandatory  connections 
may  be  effected  by  bolts.  These  bolts  shall  be  of  wrought 
iron  or  mild  steel,  and  they  shall  have  United  States  standard 
threads.  The  threads  shall  be  full  and  clean,  the  nut  shall 
be  truly  concentric  with  the  bolt,  and  the  thread  shall  be  of 
sufficient  lengtli  to  allow  the  nut  to  be  screwed  up  tightly. 
When  bolts  go  through  bevel  flanges,  bevel  washers  to  match 
shall  be  used  so  that  head  and  nut  of  bolt  are  parallel. 
When  bolts  are  used  for  suspenders,  the  working  stresses 
shall  be  reduced  for  wrought  iron  to  10,000  pounds  and  for 
steel  to  14,000  pounds  per  square  inch  of  net  area,  and  the 
load  shall  be  transmitted  into  the  head  or  nut  by  strong 
washers  distributing  the  pressure  evenly  over  the  entire 
surface  of  the  same.  Turned  bolts  in  reamed  holes  shall  be 
deemed  a  substitute  for  field  rivets.     (Id.,  Sec.  124.) 

§  125.  Steel  and  Wrought  Iron  Trusses. —  Trusses  shall 
be  of  such  design  that  the  stresses  in  each  member  can  be 
calculated.  All  trusses  shall  be  held  rigidly  in  position  by 
efficient  systems  of  lateral  and  sway  bracing,  struts  being 
spaced  so  that  the  maximum  limit  of  length  to  least  radius 
of  gyration,  established  in  section  111  of  this  Code,  is  not 
exceeded.  Any  member  of  a  truss  subjected  to  transverse 
stress,  in  addition  to  direct  tension  or  compression,  shall 
have  the  stresses  causing  such  strain  added  to  the  direct 
stresses  coming  on  the  member,  and  the  total  stresses  thus 
formed  shall  in  no  case  exceed  the  working  stresses  stated 
in  section  139  of  this  Code.     (Id.,  sec.  125.) 

§  126.  Riveted  Steel  and  Wrought  Iron  Trusses. —  For  ten- 
sioned  members,  the  actual  net  area  only,  after  deducting 
rivet  holes,  one-eighth  inch  larger  than  the  rivets,  shall  be 
considered  as  resisting  the  stress.  If  tension  members  are 
made  of  angle  irons  riveted  through  one  flange  only,  only 
that  flange  shall  be  considered  in  proportioning  areas. 
Rivets  to  be  proportioned  as  prescribed  in  section  123  of 
this  Code.  If  the  axes  of  two  adjoining  web  members  do 
not  intersect  within  the  line  of  the  chords,  sufficient  area 
shall  be  added  to  the  chord  to  take  up  the  bending  strains. 
No  bolts  shall  be  used  in  the  connections  of  riveted  trusses, 
excepting  when  riveting  is  impracticable,  and  then  the  holes 
shall  be  drilled  or  reamed.     (Id.,  sec.  126.) 

§  127.  Steel  and  Iron  Pin-Connected  Trusses. —  The  bend- 
ing stresses  on  pins  shall  be  limited  to  20,000  pounds  for 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  231 

steel  and  and  15,000  pounds  for  iron.  All  compression  mem- 
bers in  pin-connected  trusses  shall  be  proportioned,  using 
seventy-five  per  cent,  of  the  permissible  working-  stress  for 
columns.  The  heads  of  all  eye-bars  shall  be  made  by  upset- 
ting or  forging.  No  weld  will  be  allowed  in  the  body  of  the 
bar.  Steel  eye-bars  shall  be  annealed.  Bars  shall  be 
straight  before  boring.  All  pin-holes  shall  be  bored  true 
and  at  right  angles  to  the  axis  of  the  members,  and  must 
fit  the  pin  within  one-thirty-second  of  an  inch.  The  dis- 
tances of  pin-holes  from  centre  to  centre  for  corresponding 
members  shall  be  alike,  so  that,  when  piled  upon  one  another, 
pins  will  pass  through  both  ends  without  forcing.'  Eyes  and 
screw  ends  shall  be  so  proportioned  that  upon  test  to 
destruction,  fracture  will  take  place  in  the  body  of  the 
member.  All  pins  shall  be  accurately  turned.  Tin-plates 
shall  be  provided  wherever  necessary  to  reduce  the  stresses 
on  pins  to  the  working  stresses  prescribed  in  section  139  of 
this  Code.  These  pin-plates  shall  be  connected  to  the  mem- 
bers by  rivets  of  sufficient  size  and  number  to  transmit  the 
stresses  without  exceeding  working  stresses.  All  rivets  in 
members  of  pin-connected  trusses  shall  be  machine  driven. 
All  rivets  in  pin-plates  which  are  necessary  to  transmit  stress 
shall  be  also  machine-driven.  The  main  connections  of 
members  shall  be  made  by  pins.  Other  connections  may  be 
made  by  bolts.  If  there  is  a  combination  of  riveted  and  pin- 
connected  members  in  one  truss,  these  members  shall  comply 
with  the  requirements  for  pin-connected  trusses;  but  the 
riveting  shall  comply  with  the  requirements  of  section  126 
of  this  Code.     (Id.,  sec.  127.) 

§  128.  Iron  and  Other  Metal  Fronts  to  be  Filled  In.— All 
cast  iron  or  metal  fronts  shall  be  backed  up  or  filled  in  with 
masonry  of  the  thicknesses  provided  for  in  sections  31  and 
32.     (Id.,  sec.  128.) 

§  129.  Painting  of  Structural  Metal  Work. —  All  structural 
metal  work  shall  be  cleaned  of  all  scale,  dirt  and  rust,  and 
be  thoroughly  coated  with  one  coat  of  paint.  Cast-iron 
columns  shall  not  be  painted  until  after  inspection  by  the 
Department  of  Buildings.  Where  surfaces  in  riveted  work 
come  in  contact,  they  shall  be  painted  before  assembling. 
After  erection  all  work  shall  be  painted  at  least  one  addi- 
tional coat.  All  iron  or  steel  used  under  water  shall  be 
inclosed  with  concrete.  (Id.,  sec.  129,  rev.  from  L.  1882, 
ch.  410,  §  487,  as  amend.) 

Part  23. —  Floor  Loads,  Temporary  Supports. 

§  130.  Floor  Loads. —  The  dead  loads  in  all  buildings  shall 
consist  of  the  actual  weight  of  walls,  floors,  roofs,  partitions 
and  all  permanent  construction. 

The  live  or  variable  loads  shall  consist  of  all  loads  other 
than  dead  loads. 

Every  floor  shall  be  of  sufficient  strength  to  bear  safely 
the  weight  to  l^e  imposed  thereon  in  addition  to  the  weight 


232  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YOBK. 

of  the  materials  of  which  the  floor  is  composed;  if  to  be 
used  as  a  dwelling  house,  apartment  house,  tenement  house, 
hotel  or  lodging-  house,  each  floor  shall  be  of  sufficient 
strength  in  all  its  parts  to  bear  safely  upon  every  super- 
ficial foot  of  its  surface  not  less  than  sixty  pounds;  if  to  be 
used  for  office  purposes  not  less  than  seventy-five  pounds 
upon  every  superficial  foot  above  the  first  floor,  and  for  the 
latter  floor  150  pounds;  if  to  be  used  as  a  school  or  place  of 
instruction,  not  less  than  seventy-five  pounds  upon  every 
superficial  foot;  if  to  be  used  for  stable  and  carriage  house 
purposes,  not  less  than  seventy-five  pounds  upon  every 
superficial  foot;  if  to  be  used  as  a  place  of  public  assembly, 
not  less  than  ninety  pounds  upon  every  superficial  foot;  if 
to  be  used  for  ordinary  stores,  light  manufacturing  and 
light  storage,  not  less  than  120  pounds  upon  every  superficial 
foot;  if  to  be  used  as  a  store  where  heavy  materials  are  kept 
or  stored,  warehouse,  factory,  or  for  any  other  manufac- 
turing or  commercial  purpose,  not  less  than  150  pounds 
upon  every  superficial  foot. 

The  strength  of  factory  floors  intended  to  carry  running 
machinery  shall  be  increased  above  the  minimum  given  in 
this  section  in  proportion  to  the  degree  of  vibratory  impulse 
liable  to  be  transmitted  to  the  floor,  as  may  be  required  by 
the  Commissioner  of  Buildings  having  jurisdiction.  The 
roofs  of  all  buildings  having  a  pitch  of  less  than  twenty 
degrees  shall  be  proportioned  to  bear  safely  fifty  pounds 
upon  every  superficial  foot  of  their  surface,  in  addition  to 
the  weight  of  materials  composing  the  same.  If  the  pitch 
be  more  than  twenty  degrees  the  live  load  shall  be  assumed 
at  thirty  pounds  upon  every  superficial  foot  measured  on  a 
horizontal  plane.  For  sidewalks  between  the  curb  and  area 
lines  the  live  load  shall  be  taken  at  300  pounds  upon  every 
superficial  foot.  Every  column,  post  or  other  vertical  sup- 
port shall  be  of  sufficient  strength  to  bear  safely  the  weight 
of  the  portion  of  each  and  every  floor  depending  upon  it  for 
support,  in  addition  to  the  weight  required  as  before  stated 
to  be  supported  safely  upon  said  portion  of  said  floors.  For 
the  purpose  of  determining  the  carrying  capacity  of  columns 
of  dwellings,  office  buildings,  stores,  stables  and  public 
buildings  when  over  five  stories  in  height,  a  reduction  of  the 
live  loads  shall  be  permissible  as  follows:  For  the  roof  and 
top  fioor  the  full  live  loads  shall  be  used;  for  each  succeed- 
ing lower  floor  it  shall  be  permissible  to  reduce  the  live 
load  by  five  per  cent,  until  fifty  per  cent,  of  the  live  loads 
fixed  by  this  section  is  reached,  when  such  reduced  loads 
shall  be  used  for  all  remaining  floors.     (Id.,  sec.  130.) 

§  131.  Load  on  Floors  to  be  Distributed. —  The  weight 
placed  on  any  of  the  floors  of  any  building  shall  be  safely 
distributed  thereon.  The  Commissioner  of  Buildings  having 
jurisdiction  may  require  the  owner  or  occupant  of  any  build- 
ing, or  of  any  portion  thereof,  to  redistribute  the  load  on 
^nj^  floor,  or  to  lig"hteii  sucli  Joaci  where  he  deepi^  it  to  t)e 


CODE  OF  ORDIKANCES  OF  THE  CITY  OF  NEW  YORK.  233 

necessary.     (Id.,  sec.  131,  rev.  from  L.  1882,  ch.  410,  §  483, 
as  amend.) 

§  132.  Stren^h  of  Existing  Floors  to  be  Calculated. —  In 
all  warehouses,  storehouses,  factories,  workshops  and  stores 
where  heavy  materials  are  kept  or  stored,  or  machinery 
introduced,  the  weight  that  each  floor  will  safely  sustain 
upon  each  superficial  foot  thereof,  or  upon  each  varying  part 
of  such  floor,  shall  be  estimated  by  the  owner  or  occupant, 
or  by  a  competent  person  employed  by  the  owner  or  occu- 
pant. Such  estimate  shall  be  reduced  to  writing,  on  printed 
forms  furnished  by  the  Department  of  Buildings,  stating 
that  material,  size,  distance  apart  and  span  of  beams  and 
girders,  posts  or  columns  to  support  floors,  and  its  correct- 
ness shall  be  sworn  to  by  the  person  making  the  same,  and 
It  shall  thereupon  be  filed  in  the  office  of  the  Department  of 
Buildings.  But  if  the  Commissioners  of  Buildings  shall  have 
cause  to  doubt  the  correctness  of  said  estimate,  they  are 
empowered  to  revise  and  correct  the  same  and  for  the  pur- 
pose of  such  revision  the  officers  and  employees  of  the 
Department  of  Buildings  may  enter  any  building  and  remove 
so  much  of  any  floor  or  other  portion  thereof  as  may  be 
required  to  make  necessary  measurements  and  examination. 
When  the  correct  estimate  of  the  weight  that  the  floors 
in  any  such  buildings  will  safely  sustain  has  been  ascer- 
tained, as  herein  provided,  the  Department  of  Buildings  shall 
approve  the  same,  and  thereupon  the  owner  or  occupant  of 
said  building,  or  of  any  portion  thereof,  shall  post  a  copy  of 
such  approved  estimate  in  a  conspicuous  place  on  each 
story,  or  varying  parts  of  each  story,  of  the  buildiHg  to 
which  it  relates.  Before  any  building  hereafter  erected  is 
occupied  and  used,  in  whole  or  in  part,  for  any  of  the  pur- 
poses aforesaid,  and  before  any  building,  erected  prior  to  the 
passage  of  this  Code,  but  not  at  such  time  occupied  for  any 
of  the  aforesaid  purposes,  is  occupied  or  used,  in  whole  or 
in  part,  for  any  of  said  purposes,  the  weight  that  each  floor 
will  safely  sustain  upon  each  superficial  foot  thereof,  shall 
be  ascertained  and  posted  in  a  conspicuous  place  on  each 
story  or  varying  parts  of  each  story  of  the  building  to  which 
it  relates.  No  person  shall  place,  or  cause  or  permit  to  be 
placed  on  any  floor  of  any  building  any  greater  load  than 
the  safe  load  thereof,  as  correctly  estimated  and  ascertained 
as  herein  provided.  Any  expense  necessarily  incurred  in 
removing  any  floor  or  other  portion  of  any  building  for  the 
purpose  of  making  any  examination  herein  provided  for  shall 
be  paid  by  the  Comptroller  of  The  City  of  New  York,  upon 
the  requisition  of  the  Board  of  Buildings,  out  of  the  fund 
paid  over  to  said  board  under  the  provisions  of  section  158 
of  this  Code.  Such  expenses  shall  be  a  charge  against  the 
person  or  persons  by  whom  or  on  whose  behalf  said  estimate 
was  made,  provided  such  examination  proves  the  floors  of 
insufficient  strength  to  carry  with  safety  the  loads  found 
upon  them  when  such  exajnination  was  made;   and  shall  be 


234  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

collected  in  an  action  to  be  brought  by  the  Corporation 
Counsel  against  said  person  or  persons,  and  the  sum  so 
collected  shall  be  paid  over  to  the  said  Comptroller  to  be 
deposited  in  said  fund  in  reimbursement  of  the  amount  paid 
as  aforesaid.  When  the  architect  of  record  for  any  building 
has  filed  with  his  application  to  build  the  data  required  to 
determine  the  strength  of  floors,  on  one  of  the  blank  forms 
provided  for  that  purpose,  such  examination  shall  not  be 
required  provided  that  the  purposes  and  uses  of  the  building 
have  not  been  changed.  (Id.,  sec.  132,  rev.  from  L.  1882, 
ch.  410,  §  483,  as  amend.) 

§  133.  Strength  of  Temporary  Supports. —  Every  tempo- 
rary support  placed  under  any  structure,  wall,  girder  or 
beam,  during  the  erection,  finishing,  alteration,  or  repairing 
of  any  building  or  structure  or  any  part  thereof,  shall  be  of 
sufficient  strength  to  safely  carry  the  load  to  be  placed 
thereon.  (Id.,  sec.  133,  rev.  from  L.  1882,  ch.  410,  §  483,  as 
amend.) 

Part  24. —  Calculations.    Strength  of  Materials. 

§  134.  Safe  Load  for  Masonry  Work. —  The  safe-bearing 
load  to  apply  to  brickwork  shall  be  taken  at  eight  tons  per 
superficial  foot,  when  lime  mortar  is  used;  eleven  and  one- 
half  tons  per  superficial  foot  when  lime  and  cement  mortar 
mixed  is  used.  The  safe  bearing  load  to  apply  to  rubble- 
stone  work  shall  be  taken  at  ten  tons  per  superficial  foot 
when  Portland  cement  is  used;  when  cement  other  than 
Portland  is  used,  eight  tons  per  superficial  foot;  when  lime 
and  cement  mortar  mixed  is  used,  seven  tons  per  superficial 
foot;  and  when  lime  mortar  is  used,  five  tons  per  superficial 
foot.  The  safe-bearing  load  to  apply  to  concrete  when 
Portland  cement  is  used  shall  be  taken  at  fifteen  tons  per 
superficial  foot;  and  when  cement  other  than  Portland  is 
used,  eight  tons  per  superficial  foot.  (Id.,  sec.  134,  rev.  from 
L.  1882,  ch.  410,  §  483,  as  amend.) 

See  Pitcher  vs.  Lennon,  12  App.  Div.  356;  Burke  vs.  Ireland,  26 
App.  Div.  487. 

§  135.  Weights  of  Certain  Materials. —  In  computing  the 
weight  of  walls,  a  cubic  foot  of  brickwork  shall  be  deemed 
to  weigh  115  pounds.  Sandstone,  white  marble,  granite  and 
other  kinds  of  building  stone  shall  be  deemed  to  weigh  170 
pounds  per  cubic  foot.  (Id.,  sec.  135,  rev.  from  L.  1882, 
ch.  410,  §  483,  as  amend.) 

§  136.  Computations  for  Strength  of  Materials. —  The 
dimensions  of  each  piece  or  combination  of  materials  re- 
quired shall  be  ascertained  by  computation,  according  to  the 
rules  prescribed  by  this  Code.     (Id.,  sec.  136.) 

§  137.  Factors  of  Safety.— Where  the  unit  stress  for  any 
material  is  not  prescribed  in  this  Code  the  relation  of  allow- 
able unit  stress  to  ultimate  strength  shall  be  as  one  to  four 
for  metals,  subjected  to  tension  or  transverse  stress;  as  one 
to  sis  for  timber,  and  as  one  to  ten  iov  xuitural  or  artificial 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


235 


stones  and  brick  or  stone  masonry.  But  wherever  working- 
stresses  are  prescribed  in  this  Code,  varying  the  factors  of 
safety  hereinbefore  given,  the  said  working  stresses  shall  be 
used.     (Id.,  sec.  137.) 

§  138.  Strength  of  Columns. —  In  columns  or  compression 
members  with  flat  ends  of  cast  iron,  steel,  wrought  iron  or 
wood,  the  stress  per  square  inch  shall  not  exceed  that  given 
in  the  following  tables: 


When  the  Length  Divided  by  Least  Radius 
of  Gyration  Equals. 


Working  Stress  Per  Square 
Inch  of  Section. 


Cast  Iron. 


120. 
110. 
100. 

90. 

80. 

70. 

60. 

50. 

40. 

30. 

20. 

10. 


9,200 
9,500 
9,800 
10,100 
10,400 
10,700 
11,000 


Steel. 

8,240 

8,820 

9,400 

9,980 

10,560 

11,140 

11,720 

12,300 

12,880 

13,460 

14,040 

14,620 


Wrought 
Iron. 

4,400 

5,200 

6,000 

6,800 

7,600 

8,400 

9,200 

10,000 

10,800 

11,600 

12,400 

13,200 


And  in  like  proportion  for  intermediate  ratios. 


When  the  length  Divided  by  the 
Least  Diameter  Equals 


Working  Stresses  Per  Square  Inch 
of  Section. 


Long  Leaf  White  Pine, 
Yellow  Norway  Pine, 


30. 
25. 
20. 
15. 
12. 
10. 


Pine. 
460 
550 
640 
730 
784 
820 


Spruce. 
350 
425 
500 
575 
620 
650 


Oak. 

390 
475 
500 
645 
696 
730 

And  in  like  proportion  for  intermediate  ratios.  Five- 
eighths  the  values  given  for  white  pine  shall  also  apply  to 
chestnut  and  hemlock  posts.  For  locust  posts  use  one  and 
one-half  the  value  given  for  white  pine. 

Columns  and  compression  members  shall  not  be  used  having 
an  unsupported  length  of  greater  ratios  than  given  in  the 
tables.  Any  column  eccentrically  loaded  shall  have  the  stresses 
caused  by  such  eccentricity  computed,  and  the  combined 
stresses  resulting  from  such  eccentricity  at  any  part  of  the 
column,  added  to  all  other  stresses  at  that  part,  shall  in  no 
case  exceed  the  working  stresses  stated  in  this  Code. 

The  eccentric  load  of  a  column  shall  be  considered  to  be 
distributed  equally  over  the  entire  area  of  that  column  at 
the  next  point  below  at  which  the  column  is  securely  braced 
laterally  in  the  direction  of  the  eccentricity.     (Id.,  sec.  138.) 


236  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

§  139.  Working"  Stresses. —  The  safe  carrying  capacity  of 
the  various  materials  of  construction  (except  in  the  case  of 
columns)  shall  be  determined  by  the  following  working 
stresses  in  pounds  per  square  inch  of  sectional  area: 

Compression  (Direct). 

Boiled  steel 16,000 

Cast  steel 16,000 

Wrought  iron 12,000 

Cast  iron  (in  short  blocks) 16,000 

Steel  pins  and  rivets  (bearing-) 20,000 

Wrought  iron  pins  and  rivets  (bearing) 15,000 

With  Grain.    Across  Grain. 

Oak 900  800 

Yellow  pine 1,000  600 

White    pine 800  400 

Spruce 800  400 

Locust 1,200  1,000 

Hemlock 500  500 

Chestnut 500  1,000 

Concrete  (Portland)  cement,  1;   sand,  2;  stone,  4,  230 

Concrete  (Portland)  cement,  1;  sand,  2;  stone,  5,  208 
Concrete     (Rosendale,    or    equal),    cement,    1; 

sand,  2;  stone,  4 125 

Concrete     (Kosendale,    or    equal),    cement,    1; 

sand,  2;  stone,  5 Ill 

Rubble  stone^work  in  Portland  cement  mortar...  140 

Rubble  stonework  in  Rosendale  cement  mortar,  111 

Rubble  stonework  in  lime  and  cement  mortar..  97 

Rubble  stonework  in  lime  mortar 70 

Brickwork  in  Portland  cement  mortar;  cement, 

1;  sand,  3 250 

Brickwork    in     RosendaLe,     or     equal,     cement 

mortar;  cement,  1;   sand,  3 208 

Brickwork  in  lime  and  cement  mortar;  cement, 

1;  lime,  1;  sand,  6 160 

Brickwork  in  lime  mortar;  lime,  1;   sand,  4....  Ill 

Granites   (according  to  test) 1,000  to  2,400 

Greenwich  stone 1,200 

Gneiss  (New  York  city) 1,300 

Limestones  (according  to  tjest) 700  to  2,300 

Marbles  (according  to  test) 600  to  1,200 

Sandstones  (according  to  test) 400  to  1,600 

Bluestone,  North  river 2,000 

Brick    (Haverstraw,  flatwise) 300 

Slate 1,000 

Tension  (Direct). 

Rolled  steel 16,000 

Cast    steel .- 16,000 

Wrought  iron 12,000 


CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  237 

Cast  iron 3,000 

Yellow  pine 1,200 

White  pine 800 

Spruce 800 

Oak   1,000 

Hemlock   600 

Shear, 

Steel  web   plates 9,000 

Steel  shop  rivets  and  pins 10,000 

Steel  field  rivets 8,000 

Steel  fiield  bolts 7,000 

Wrought  iron  web  plates 6,000 

Wroug-ht  iron  shop  rivets  and  pins 7,500 

Wrought  iron  field  rivets 6,000 

Wrought  iron  field  bolts 5,500 

Cast   iron 3,000 

With  Fibre.    Across  Fibre. 

Yellow  pine 70  500 

White    pine 40  250 

Spruce 50  320 

Oak 100  600 

Locust 100  720 

Hemlock ,  40  275 

Chestnut . .  150 

Safe  Extreme  Fibre  Stress  (Bending). 

Rolled  steel  beams 16,000 

Rolled  steel  pins,  rivets  and  bolts 20,000 

Riveted  steel  beams   (net  flange  section) 14,000 

Rolled  wrought  iron  beams 12,000 

Rolled  wrought  iron  pins,  rivets  and  bolts 15,000 

Riveted  wrought  iron  beams  (net  flange  section)  12,000 

Cast  iron,  compression  side 16,000 

Cast  iron,  tension  side 3,000 

Yellow  pine 1,200 

White  pine 800 

Spruce 800 

Oak 1,000 

Locust 1,200 

Hemlock 600 

Chestnut 800 

Granite 180 

Greenwich  stone  150 

Gneiss   (New  York  City) 150 

Limestone 150 

Slate 400 

Marble 120 

Sandstone 100 

Bluestone,  North  river 300 

Concrete  (Portland)  cement,  1 ;  sand,  2;  stone,  4.  30 


238  CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YOBK. 

Concrete  (Portland)  cement,  1 ;  sand,  2;  stone,  5.  20 
Concrete  (Kosendale,  or  equal)  cement,  1;  sand, 

2;  stone,  4 16 

Concrete  (K-osendale,  or  equal)  cement,  1;  sand, 

2;  stone,  5 10 

Brick,  common 50 

Brickwork   (in  cement) 30 

(Id.,  sec.  39.) 

§  140.  Wind  Pressure. —  All  structures  exposed  to  wind 
shall  be  designed  to  resist  a  horizontal  wind  pressure  of 
thirty  pounds  for  every  square  foot  of  surface  thus  exposed, 
from  the  g-round  to  the  top  of  same,  including  roof,  in  any 
direction.  In  no  case  shall  the  overturning  moment  due  to 
wind  pressure  exceed  seventy-five  per  centum  of  the  moment 
of  stability  of  the  structure.  In  all  structures  exposed  to 
wind,  if  the  resisting  moments  of  the  ordinary  materials  of 
construction,  such  as  masonry,  partitions,  floors  and  con- 
nections are  not  sufficient  to  resist  the  moment  of  distor- 
tion due  to  wind  pressure,  taken  in  any  direction  on  any 
part  of  the  structure,  additional  bracing  shall  be  introduced 
sufficient  to  make  up  the  difference  in  the  moments.  In 
calculations  for  wind  bracing,  the  working  stresses  set  forth 
in  this  Code  may  be  increased  by  fifty  per  centum.  In  build- 
ings under  100  feet  in  height,  provided  the  height  does  not 
exceed  four  times  the  average  vsddth  of  the  base,  the  wind 
pressure  may  be  disregarded.     (Id.,  sec.  140.) 

Part  25. —  Plumbing  and  Drainage. 
§  141.    Plumbing,  Drainage  and  Eepairs  Thereto. 

1.  The  drainage  and  plumbing  of  all  buildings,  both  public 
and  private,  shall  be  executed  in  accordance  with  the  rules 
and  regulations  of  the  Department  of  Buildings.  Said  rules 
and  regulations  and  any  change  thereof  shall  be  published 
in  the  City  Record  on  eight  successive  Mondays  before  the 
same  shall  become  operative. 

Repairs  or  alterations  of  such  plumbing  or  drainage  may 
be  made  without  the  filing  and  approval  of  drawings  and 
descriptions  in  the  Department  of  Buildings,  but  such  repairs 
or  alterations  shall  not  be  construed  to  include  cases  where 
new  vertical  or  horizontal  lines  of  soil,  waste,  vent  or  leader 
pipes  are  proposed  to  be  used. 

Notice  of  such  repairs  or  alterations  shall  be  given  to  the 
said  department  before  the  same  are  commenced  in  such 
cases  as  shall  be  prescribed  by  the  rules  and  regulations  of 
the  said  department,  and  the  work  shall  be  done  in  accord- 
ance with  the  said  rules  and  regulations. 

2.  Once  in  each  year,  every  employing  or  master  plumber 
carrying  on  his  trade,  business  or  calling  in  The  City  of 
New  York,  shall  register  his  name  and  address  at  the  office 
of  the  Department  of  Buildings  in  said  city  under  such  rules 


CODE  OP  ORDINANCES  OP  THE  CITY  OF  NEW  YOSK.         239 

and  reg-ulations  as  said  department  shall  prescribe  and  as 
hereinafter  provided. 

And  thereupon  he  shall  be  entitled  to  receive  a  certificate 
of  such  reg-istration  from  said  department;  provided,  how- 
ever, that  such  employing  or  master  phimber  shall,  at  the 
time  of  applying  for  such  registration,  hold  a  certificate  of 
competency  from  the  Examining  Board  of  Plumbers  of  said 
city. 

The  time  for  making  such  registration  shall  be  during  the 
month  of  March  in  each  year.  Where,  however,  a  person 
obtains  a  certificate  of  competency  at  a  time  other  than  in 
the  month  of  March  in  any  year,  hje  may  register  vdthin 
thirty  days  after  obtaining  such  certificate  of  competency, 
but  he  must  also  register  in  the  month  of  March  in  each 
year  as  herein  provided. 

Such  registration  may  be  cancelled  by  the  Department  of 
Buildings  for  a  violation  of  the  rules  and  regulations  for 
the  plumbing  and  drainage  of  said  Department  of  Buildings, 
duly  adopted  and  in  force  pursuant  to  the  provisions  of  this 
section  or  whenever  the  person  so  registered  ceases  to  be  a 
master  or  employing  plumber,  after  a  hearing  had  before 
said  department,  and  upon  a  prior  notice  of  not  less  than 
ten  days,  stating  the  grounds  of  complaint  and  served  upon 
the  person  charged  with  the  violation  of  the  aforesaid  rules 
and  regulations. 

3.  After  this  Code  takes  effect,  no  person,  corporation  or 
copartnership  shall  engage  in,  or  carry  on  the  trade,  busi- 
ness or  calling  of  employing  or  master  plumber  in  The  City 
of  New  York,  unless  the  name  and  address  of  such  person 
and  the  president,  secretary  or  treasurer  of  such  corporation 
and  each  and  every  member  of  such  copartnership  shall 
have  been  registered  as  above  provided. 

4.  No  person  or  persons  shall  expose  the  sign  of 
*'  Plumber  "  or  "  Plumbing  "  or  a  sign  containing  words  of 
similar  import  and  meaning  in  The  City  of  New  York  unless 
each  person  forming  such  a  copartnership  shall  have  ob- 
tained a  certificate  of  competency  from  the  Examining 
Board  of  Plumbers,  and  shall  have  registered  as  hjerein 
provided. 

A  master  or  employing  plumber  wdthin  the  meaning  of 
this  Code  is  any  person  who  hires  or  employs  a  person  or 
persons  to  do  plumbing  work. 

5.  The  Inspectors  of  Plumbing  in  the  Department  of 
Buildings  in  addition  to  their  other  duties  shall  ascertain 
whether  the  employing  or  master  plumber  having  charge 
of  the  construction,  repairing  or  alteration  of  any  plumbing 
work  performed  in  The  City  of  New  York  is  registered  as 
herein  provided,  and  if  such  person  is  not  so  registered, 
then  such  Inspectors  shall  forthwith  report  to  said  depart- 
ment the  name  of  said  plumber. 

6.  The  Commissioner  of  Buildings  having  jurisdiction  may 
present  a  petition  to  a  justice  vf  the  Supreme  Court  or  to 


240         CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

a  special  term  thereof  for  an  order  restraining*  the  person 
so  reported  from  acting  as  an  employing  or  master  plumber 
until  he  registers  pursuant  to  the  provisions  of  this  Ck)de, 
Said  petition  shall  state  that  the  said  person  is  engaged  in 
plumbing  work  as  an  employing  or  master  plumber  without 
having  so  registered,  and  shall  be  verified  by  the  inspector 
making  the  said  report. 

Upon  the  presentation  x)i  the  petition,  the  court  shall 
grant  an  order  requiring  such  plumber  to  appear  before  a 
special  term  of  the  Supreme  Court  on  a  date  therein  speci- 
fijed,  not  le-ss  than  two  nor  more  than  six  days  after  the 
granting  thereof,  to  show  cause  why  he  should  not  be 
permanently  enjoined  until  he  has  obtained  a  certificate  of 
registration  as  herein  required.  A  copy  of  such  petition 
and  order  shall  be  served  upou  such  person  not  less  than 
twenty-four  hours  before  the  return  thereof.  On  the  day 
specified  in  such  order  the  court  before  whom  the  same  is 
returnable  shall  hear  tlue  proofs  of  the  parties,  and  may, 
if  deemed  necessary,  take  testimony  in  relation  to  the 
allegations  of  the  petition. 

If  the  court  is  satisfied  that  such  plumber  is  practicing 
without  having  registered,  as  provided  by  this  Code,  an 
order  shall  be  granted  enjoining  him  from  acting  as  an 
employing  or  master  plumber  until  he  has  so  registered.  . 

No  undertaking  shall  be  required  as  a  condition  to  the 
granting  or  issuing  of  such  injunction  order  or  by  reason 
thiereof. 

If,  after  the  entry  of  such  order  in  a  County  Clerk's  office 
In  The  City  of  New  York,  such  person  shall,  in  violation  of 
such  order,  practice  as  an  employing  or  master  plumber, 
he  shall  be  deemed  guilty  of  a  criminal  contempt  of  court, 
and  be  punishable  as  for  a  criminal  contempt  in  the  mianner 
provided  by  the  Code  of  Civil  Procedure. 

In  no  case  shall  the  Department  of  Buildings  be  liable  for 
costs  in  any  such  proceeding,  but  costs  may  be  allowed 
against  the  defendant  or  defendants,  in  the  discretion  of  the 
court.  (Id.,  sec.  141,  rev.  from  L.  1882,  ch.  410,  §  501,  as 
amend.,  and  L.  1892,  ch.  275,  §  37.) 

Part  26. —  Buildings  Raised,  Lower ed^  Altered  or  Moved. 
§  142.  Buildings  Raised,  Lowered,  Altered  or  Moved. — 
Within  the  fire  limits  it  shall  not  be  lawful  for  the  owner 
or  owners  of  any  brick  dwelling  house  with  eight-inch  walls, 
or  of  any  wood  building  already  erected  that  has  a  peaked 
roof,  to  raise  the  same  for  the  purpose  of  making  a  flat 
roof  thereon,  unless  the  same  be  raised  with  the  same  kind 
of  material  as  the  building,  and  unless  such  new  roof  be 
covered  with  fireproof  material,  and  provided  that  such 
building,  when  so  raised,  shall  not  exceed  forty  feet  in 
height  to  the  highest  part  thereof.  All  such  buildings  must 
exceed  twenty-five  feet  in  height  to  the  peak  of  the  main 
roof  before  the  said  alteration  and  raising*,    In  increasing 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  241 

the  hjeight  of  any  such  building,  the  entire  area  which  such 
building  covers  may  be  raised  to  a  uniform  height.  If  any 
such  building  has  an  extension  of  less  width  than  the  main 
building,  the  same  may  be  increased  in  width  to  the  full 
width  of  the  main  building,  with  the  same  kind  of  material 
and  to  the  same  height  as  the  main  building.  Any  such 
building  may  be  extended  either  on  the  front  or  rear  to  a 
depth  of  not  more  than  fifteen  feet  and  not  more  than  the 
width  of  the  building,  and  not  more  than  two  stories  and 
basement  in  height,  with  the  same  kind  of  material  as  the 
building.  Any  frame  building  situated  in  a  row  of  frame 
buildings  may  be  increased  in  height  to  conform  to  the 
height  of  adjoining  buildings.  If  any  block  situated  within 
the  fire  limits  has  ninetj'  per  cent,  of  the  buildings  located 
thereon  constructed  of  frame,  any  vacant  lot  situated  therein 
may  have  a  frame  building  placed  thereon  provided  the  same 
be  not  more  than  two  stories  and  basenuent  in  height  and 
is  to  be  used  for  residence  purposes  only.  If  any  building 
shall  have  been  built  before  the  street  upon  which  it  is 
located  is  graded,  or  if  the  grade  is  altered,  such  building 
m.ay  be  raised  or  lowered  to  meet  the  requirements  of  such 
grade.  The  restrictions  contained  in  this  section  shall  not 
prohibit  one-story  and  basement  frame  dwelling  houses  from 
being  increased  one  additional  story  in  height.  Within  the 
fire  limits  no  frame  building  more  than  two  stories  in 
height,  now  used  as  a  dwelling,  shall  hereafter  be  raised  or 
altered  to  be  used  as  a  factory,  warehouse  or  stable. 

No  wood  building  within  or  without  the  fire  limits  shall 
be  moved  from  one  lot  to  another  until  a  statement  setting 
forth  the  purposes  of  said  removal  and  the  uses  to  which 
said  building  is  to  be  applied  is  filed  in  the  Department  of 
Buildings,  and  a  permit  be  first  obtained  therefor.  No  wood 
building  shall  be  moved  from  without  to  vdthin  the  fire 
limits. 

Within  the  fire  limits  no  brick  building  shall  be  enlarged 
or  built  upon  unless  the  exterior  walls  of  said  addition  or 
enlargement  be  constructed  of  incombustible  materials;  pro- 
vided, however,  that  such  brick  building  may  be  raised, 
lowered  or  altered  under  the  same  circumstances  and  in  the 
manner  provided  for  in  this  section.  (Id.,  sec.  142,  rev.  from 
L.  1882,  ch.  410,  §  496,  as  amend.) 

Part  27. —  Fire  Limits. 
§  143.    Fire  Limits. —  No  frame  or  wood  structure  shall  be 
built  hereafter  in  The  City  of  New  York  within  the  following 
limits: 

In  the  Borough  of  Manhattan  —  Within  the  Following  Described 

Lines. 
Beginning  at  a  point  on  the  North  river  at  the  Battery 
and  running  thence  northerly  along  the  pier  headline  to  a 
point  100  feet  north  of  the  northerly  side  of  One  Hundred 
16 


242  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

and  Sixty-fifth  street,  and  running  thence  easterly  100  feet 
north  of  the  northerly  side  of  One  Hundred  and  Sixty-fifth 
street  to  a  point  100  feet  west  of  the  westerly  side  of 
Broadway;  thence  northerly  on  a  line  drawn  always  100 
feet  west  of  the  westerly  side  of  Broadway  to  the  bulkhead 
line  of  the  Harlem  river;  thence  southerly  along-  the  bulk- 
head line  of  the  Harlem  river  to  the  Bronx  Kills;  thence 
easterly  along  the  bulkhead  line  of  the  Bronx  Kills  to  the 
East  river;  thence  southerly  along  the  East  river,  passing 
to  the  east  of  Blackwell's  Island;  and  thence  continuing  by 
the  pierhead  line  of  the  East  river  to  the  place  of  beginning. 
[Note. —  By  mistake  the  following  subheading  was  omitted 
from  the  ordinance  as  approved: 

"  In  the  Borough  of  The  Bronx  —  Within  the  Following  Described 

Lines.'"'] 

.  Beginning  at  a  point  on  the  eastern  bulkhead  line  of  the 
Harlem  river  100  feet  south  of  East  One  Hundred  and  Sixty- 
first  street,  running  thence  easterly  and  parallel  with  East 
One  Hundred  and  Sixty-first  street  to  the  east  side  of  Sheri- 
dan avenue  and  100  feet  therefrom;  thence  north  on  the 
east  side  of  Sheridan  avenue  to  a  point  100  feet  north  of 
the  north  line  of  East  One  Hundred  and  Sixty-first  street; 
thence  easterly  and  parallel  to  East  One  Hundred  and  Sixty- 
first  street  and  100  feet  therefrom  to  a  point  100  feet  west 
of  Park  avenue;  thence  northeasterly  and  parallel  to  Park 
avenue  and  100  feet  therefrom  to  a  point  distant  100  feet 
west  of  Webster  avenue;  thence  northerly  and  parallel  to 
Webster  avenue  and  100  feet  therefrom  to  a  point  100  feet 
northerly  of  East  One  Hundred  and  Seventy-seventh  street; 
thence  easterly  and  parallel  to  East  One  Hundred  and  Sev- 
enty-seventh street  and  100  feet  therefrom  to  Third  avenue; 
thence  southerly  along  the  westerly  boundary  of  Crotona 
Park,  and  thence  easterly  along  the  southerly  boundary  line 
of  Crotona  Park  to  a  point  distant  100  feet  east  of  Prospect 
avenue;  thence  along  Prospect  avenue  and  100  feet  east 
therefrom  to  Westchester  avenue;  thence  along  Westchester 
avenue  and  100  feet  east  therefrom  to  a  point  100  feet  east 
of  the  easterly  line  of  Robbins  avenue;  thence  southerly  and 
parallel  to  Bobbins  avenue  100  feet  east  therefrom  to  the 
Port  Morris  Branch  Eailroad  to  the  East  river;  thence 
Port  Morris  Branch  Eailroad  to  the  East  river;  thence 
southeasterly  along  the  East  river,  northwesterly  along  the 
Bronx  Kills  and  northerly  along  the  Harlem  river  to  the 
point  of  beginning. 

In  the  Borough  of  Brooklyn  —  Within  the  Following  Described 

Lines. 
Beginning  at  a  point  formed  by  the  intersection  of  Sixtieth 
street  and  New  York  Bay;  thence  running  easterly  on  a  line 
drawn  100  feet  south  of  and  parallel  with  the  southerly  line 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  243 

of  Sixtieth  street  to  Sixth  avenue;  thence  running  northerly 
on  a  line  drawn  100  feet  east  of  and  paralled  with  the  east- 
erly side  of  Sixth  avenue  to  Thirty-sixth  street;  thjence  run- 
ning- westerly  through  the  centre  line  of  Thirty-sixth  street 
to  Fifth  avenue;  thence  running  northerly  through  the 
centre  line  of  Fifth  avenue  to  Twenty-fourth  street;  thence 
running  easterly  through  the  centre  line  of  Twenty-fourth 
street  to  Sixth  avenue;  thence  running  northerly  through 
the  centre  line  of  Sixth  avenue  to  Twenty-third  street ; ' 
thence  running  easterly  through  the  centre  line  of  Twenty- 
third  street  to  Seventh  avenue;  thence  running  northerly 
through  the  centre  line  of  Seventh  avenue  to  Twentieth 
street;  thence  running  easterly  through  the  centre  line  of 
Twentieth  street  to  Ninth  avenue,  or  Prospect  Park  West; 
thence  running  northerly  through  the  centre  line  of  Ninth 
avenue,  or  Prospect  Park  West,  to  Prospect  avenue;  thence 
running  easterly  through  the  centre  line  of  Prospect  avenue 
to  Eleventh  avenue;  thence  running  northerly  through  the 
centre  line  of  Eleventh  avenue  to  Fifteenth  street;  thence 
running  westerly  through  the  centre  line  of  Fifteenth  street 
to  Ninth  avenue,  or  Prospect  Park  West;  thence  northerly 
through  the  centre  line  of  Ninth  avenue,  or  Prospect  Park 
West,  to  Flatbush  avenue;  thence  southerly  along  the  centre 
line  of  Flatbush  avenue  to  Ocean  avenue;  thence  southerly 
on  a  line  drawn  100  feet  west  of  and  parallel  with  the  west 
side  of  Flatbush  avenue  to  Avenue  E;  thence  easterly 
through  the  centre  line  of  Avenue  E  to  Flatbush  avenue; 
thence  northwesterly  on  a  line  drawn  100  feet  east  of  and 
parallel  with  the  easterly  side  of  Flatbush  avenue  to  Franklin 
avenue;  thence  northerly  on  a  line  drawn  100  feet  east  of 
and  parallel  with  the  easterly  side  of  Franklin  avenue  to 
Crown  street;  thence  easterly  on  a  line  drawn  100  feet  south 
of  and  parallel  with  the  southerly  side  of  Crovni  street  to 
East  New  York  avenue;  thence  easterly  on  a  line  drawn  100 
feet  south  of  and  parallel  with  the  southerly  side  of  East 
New  York  avenue  to  Gillen  place;  thence  northerly  on  a 
line  drawn  100  feet  east  of  and  parallel  with  the  easterly 
side  of  Gillen  place  to  Broadway;  thence  northerly  on  a  line 
drawn  100  feet  east  of  and  parallel  with  the  east  side  of 
Broadway  to  Pilling  street;  thence  easterly  through  the 
centre  line  of  Pilling  street  to  Central  avenue;  thence 
northwesterly  on  a  line  drawn  100  feet  east  of  and  parallel 
with  the  easterly  side  of  Central  avenue  to  Flushing  avenue; 
thence  westerly  from  a  line  drawn  100  feet  north  of  and 
parallel  with  the  northerly  side  of  Flushing  avenue  to 
Bushwick  avenue;  thence  northerly  on  a  line  drawn  100  feet 
east  of  and  parallel  with  the  easterly  side  of  Bushwick 
avenue  to  Metropolitan  avenue;  thence  westerly  on  a  line 
drawn  100  feet  north  of  and  parallel  with  the  northerly  side 
of  Metropolitan  avenue  to  Graham  avenue;  thence  northerly 
on  a  line  drawn  100  feet  east  of  and  parallel  vnih  the 
easterly  side  of  Graham  avenue  to  Skillman  avenue;  thence 


244  CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

westerly  on  a  line  drawn  100  feet  north  of  and  parallel  with 
the  northerly  side  of  Skillman  avenue  to  Union  avenue; 
thence  northerly  on  a  line  drawn  100  feet  east  of  and  parallel 
with  the  easterly  side  of  Union  avenue  to  North  Ninth 
street;  thence  northwesterly  on  a  line  drawn  100  feet  north- 
east of  and  parallel  with  the  northeasterly  side  of  North 
Ninth  street  to  Bedford  avenue;  thence  easterly  on  a  line 
dravsoi  100  feet  south  of  and  parallel  with  the  southerly  side 
of  Bedford  avenue  to  North  Eleventh  street;  thence  north- 
westerly on  a  line  drawn  100  feet  northeast  of  and  parallel 
with  the  northeasterly  side  of  North  Eleventh  street  to  the 
East  river;  thence  to  Van  Brunt  street;  thence  northeasterly 
on  a  line  drawn  100  feet  east  of  and  parallel  with  the  easterly 
side  of  Van  Brunt  street  to  King  street;  thence  southeast- 
erly on  a  line  drawn  100  feet  south  of  and  parallel  with 
the  southerly  side  of  King  street  to  Columbia  street;  thence 
northeasterly  on  a  line  drawn  100  feet  east  of  and  parallel 
with  the  easterly  side  of  Columbia  street  to  Luquer  street; 
thence  easterly  on  a  line  drawn  100  feet  south  of  and  parallel 
with  the  southerly  side  of  Luquer  street  to  Hamilton  avenue; 
thence  southerly  on  a  line  drawn  100  feet  west  of  and 
parallel  with  the  west  side  of  Hamilton  avenue  to  Court 
street;  thence  southwesterly  on  a  line  drawn  100  feet  east  of 
and  parallel  with  the  easterly  side  of  Court  street  to 
Gowanus  Bay  and  New  York  Bay  to  the  point  or  place  of 
beginning. 

Also  beginning  at  a  point  formed  by  the  intersection  of 
East  river  and  Noble  street;  thence  running  easterly  on  a 
line  drawn  100  feet  south  of  and  parallel  with  the  southerly 
side  of  Noble  street  to  Lorimer  street;  thence  southerly  on 
a  line  drawn  100  feet  west  of  and  parallel  with  the  westerly 
side  of  Lorimer  street  to  Nassau  avenue;  thence  easterly 
on  a  line  drawn  100  feet  south  of  and  parallel  with  the 
southerly  side  of  Nassau  avenue  to  Oakland  street;  thence 
northerly  on  a  line  drawai  100  feet  east  of  and  parallel  with 
the  easterly  side  of  Oakland  street  to  Newtown  creek,  to 
the  East  river,  to  the  point  or  place  of  beginning. 

In  that  part  of  the  Twenty-ninth  Ward  bounded  by  Coney 
Island  avenue  on  the  west,  by  New  York  avenue  on  the  east 
and  by  the  lines  of  said  ward  on  the  north  and  south,  no 
row  of  two  or  more  attached  frame  stores,  dwellings  or 
buildings  shall  be  permitted  to  be  erected;  and  no  frame 
house  or  building  shall  be  erected  on  any  lot  or  building 
plot  covering  more  than  eighty  per  cent,  in  width  of  any 
such  lot  or  building  plot. 

Resolved,  That  the  Department  of  Buildings  be  and  it 
hereby  is  requested  to  extend  the  fire  limits  in  the  Eighth 
Ward,  Borough  of  Brooklyn,  to  include  the  territory  between 
the  south  side  of  Forty-fifth  street  and  the  north  side  of 
Sixtieth  street,  and  the  easterly  side  of  Sixth  avenue  and  the 
westerly  side  of  Seventh  avenue. 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  245 

Any  frame  building-  erected  hereafter  in  the  territory 
included  within  the  following  boundary,  all  in  the  Thirtieth 
Ward  of  the  13oroug-h  of  Brooklyn,  namely:  Beginning  at 
the  Shore  road  and  Bay  Ridge  avenue,  along  Bay  Ridge 
avenue,  including  both  sides  of  said  avenue,  to  Fourteenth 
avenue;  along  Fourteenth  avenue,  including  both  sides,  to 
Eighty-sixth  street;  along  Eighty-sixth  street,  including 
both  sides,  to  Third  avenue;  along  Third  avenue,  including 
both  sides,  to  Ninety- second  street;,  along  Ninety-second 
street,  including  both  sides,  to  Shore  road;  along  the  said 
Shore  road  to  the  point  of  beginning  —  shall  not  occupy 
more  than  eighty  (80)  per  cent,  in  width  of  the  lot  on 
which  said  building  is  erected. 

Jn  the  Borough  of  Queens  —  Within  the  Following  Described  Lines. 
Bounded  on  the  south  by  Newtown  creek,  on  the  north 
by  the  southerly  line  of  Nott  avenue,  on  the  west  by  the 
East  river,  and  on  the  east  by  the  westerly  line  of  Van  Alst 
avenue.  (Id.,  sec.  143,  as  amend,  by  ord.  app.  Dec.  11,  1900. 
Amend,  by  ord.  in  effect  June  26,  1906,  infra.) 

An  injunction  will  not  be  grranted  to  a  private  citizen  for  a  mere 
violation  of  an  ordinance,  unless  special  injury  is  alleged.  Young 
vs.    Scheu,    56    Hun,    307. 

Part  2S.— Frame  Buildings, 

§  144.  Frame  Structures  Within  the  Fire  limits. —  The 
provisions,  in  this  section  contained,  shall  apply  to  build- 
ings and  structures,  whether  temporary  or  permanent, 
within  the  fire  limits,  as  the  said  fire  limits  now  are  or  may 
hereafter  be  established. 

Temporary  one-story  frame  buildings  may  be  erected  for 
the  use  of  builders,  within  the  limits  of  lots  whereon 
buildings  are  in  course  of  erection,  or  on  adjoining  vacant 
lots,  upon  permits  issued  by  the  Commissioner  of  Buildings 
having  jurisdiction. 

Temporary  structures  shall  be  taken  to  mean  and  include 
platforms,  stands,  election  booths,  temporary  buildings  and 
circus  tents. 

Sheds  of  wood  not  over  fifteen  feet  high,  open  on  at  least 
one  side,  with  the  sides  and  roof  covered  with  fireproof 
material,  may  also  be  built,  but  a  fence  shall  not  be  used  as 
the  back  or  side  thereof.  Such  sheds  shall  not  cover  an  area 
exceeding  two  thousand  five  hundred  square  feet,  except  by 
permission  of  the  Board  of  Buildings. 

Fences,  signs  or  bill-boards  shall  not  be  at  any  point  over 
ten  feet  above  the  adjoining  ground;  except  that  when  any 
fence,  sign  or  bill-board  shall  be  constructed  entirely  of 
metal  or  of  wood  covered  on  all  sides  with  sheet  metal, 
including  the  uprights,  supports  and  braces  for  same,  it 
shall  not  be  at  any  point  over  eighteen  feet  six  inches  above 
the  adjoining  ground. 


246  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

Any  letter,  word,  model,  sign,  device  or  representation  in 
the  nature  of  an  advertisement,  announcement  or  direction, 
supported  or  attached,  wholly  or  in  part,  over  or  above  any 
wall,  building  or  structure,  shall  be  deemed  to  be  a  "  sky 
sign." 

Sky  signs  shall  be  constructed  entirely  of  metal,  including 
the  uprights,  supports  and  braces  for  same,  and  shall  not 
be  at  any  point  over  nine  feet  above  the  front  wall  or  cornice 
of  the  building  or  structure  to  which  they  are  attached  or 
by  which  they  are  supported. 

All  fences,  signs,  bill-boards  and  sky  signs  shall  be  erected 
entirely  within  the  building  line,  and  be  properly  secured, 
supported  and  braced,  and  shall  be  so  constructed  as  not 
to  be  or  become  dangerous. 

Before  the  erection  of  any  fence,  sign,  bill-board  or  sky 
sign  shall  have  been  commenced,  a  permit  from  the  erection 
of  the  same  shall  be  obtained  from  the  Superintendent  of 
Buildings  having  jurisdiction,  as  provided  in  part  2,  section 
4,  of  this  Code.  Each  application  for  the  erection  of  any 
fence,  sign,  bill-board  or  sky  sign,  shall  be  accompanied  by 
a  written  consent  of  the  owner  or  owners,  or  the  lessee  or 
lessees  of  the  property  upon  which  it  is  to  be  erected. 

Piazzas  or  balconies  of  wood  on  buildings  other  than 
frame  buildings  which  do  not  exceed  eight  feet  in  width, 
and  which  do  not  extend  more  than  three  feet  above  the 
second  story  floor  beams,  may  be  erected,  provided  a  permit 
from  the  Commissioner  of  Buildings  having  jurisdiction,  be 
granted  therefor.  In  connected  houses  such  piazzas  or 
balconies  may  be  built,  provided  the  same  are  open  on  the 
front  and  have  brick  ends  not  less  than  eight  inches  thick, 
carried  up  above  the  roof  of  such  piazza  or  balcony,  and 
coped  with  stone.  The  roofs  of  all  piazzas  shall  be  covered 
with  some  fireproof  materials.  Frame  buildings  already 
erected  may  have  placed  on  any  story  piazzas,  balconies  or 
bay  windows  of  wood,  the  roofs  of  which  may  be  covered 
with  the  same  material  as  the  roof  of  the  main  building. 

Exterior  privies,  and  wood  or  coal  houses,  not  exceeding 
150  square  feet  in  superficial  area  and  eight  feet  high,  may 
be  built  of  wood,  but  the  roofs  thereof  must  be  covered  with 
metal,  gravel  or  slate.  (Id.,  sec.  144,  as  amend,  by  ord.  app. 
July  14,  1902.) 

A  permit  cannot  be  panted  to  one  citizen  to  do  that  which  would 
be  penal  in  another.  City  of  Brooklyn  vs.  Furey,  9  Misc.  193.  A 
charter  provision  granting  a  city  power  to  regulate  height  of  bill- 
boards, held  to  be  within  police  power.  City  of  Rochester  vs. 
West,  164  N.  Y.  510;  Gunning  vs.  City  Buffalo,  75  App.  Div.  31. 

§  145.  Frame  Buildings  Damaged. —  Every  wood  or  frame 
building  with  a  brick  or  other  front  within  the  fire  limits, 
which  may  hereafter  be  damaged  to  an  amount  not  greater 
than  one-half  of  the  value  thereof,  exclusive  of  the  valua- 
tion of  the  foundation  thereof,  at  the  time  of  such  damage, 
may  be  repaired  or  rebuilt;  but  if  such  damage  shall  amount 


CODE  OF  ORDINANCES  OP  TlIE  CITY  OF  NEW  YORK.  247 

to  more  than  one-half  of  such  value  thereof,  exclusive  of 
the  value  of  the  foundation,  then  such  building  shall  not  be 
repaired  or  rebuilt,  but  shall  be  taken  down,  except  as  pro- 
vided in  this  Code.  In  case  the  owner  of  the  damaged  build- 
ing shall  be  dissatisfied  with  the  decision  of  the  Commis- 
sioner of  Buildings  having  jurisdiction  that  such  building  is 
damaged  to  a  greater  extent  than  one-half  of  its  value, 
exclusive  of  the  value  of  the  foundation,  then  the  amount 
and  extent  of  such  damage  shall  be  determined  upon  an 
examination  of  the  building  by  one  Surveyor,  who  shall  be 
appointed  by  the  Commissioner  of  Buildings  having  juris- 
diction, and  one  Surveyor  who  shall  be  appointed  by  the 
owner  or  owners  of  said  premises.  In  case  these  two  Sur- 
veyors do  not  agree,  they  shall  appoint  a  third  Surveyor  to 
take  part  in  such  examination,  and  a  decision  of  a  majority 
of  them  reduced  to  writing  and  sworn  to,  shall  be  conclu- 
sive, and  such  building  shall  in  no  manner  be  repaired  or 
rebuilt  until  after  such  decision  shall  have  been  rendered. 
(Id.,  sec.  145,  rev.  from  L.  1882,  ch.  410,  §  497,  as  amend.) 

§  146.  Frame  Buildings  Outside  of  Fire  Limits. —  The  pro- 
visions of  this  section  shall  apply  to  frame  or  other  build- 
ings hereafter  erected  outside  of  the  fire  limits,  as  the  same 
are  now  or  may  hereafter  be  established,  in  portions  of  The 
City  of  New  York  where  streets  are  now  and  where  they 
may  hereafter  be  legally  established.  Three-story  frame 
buildings  may  be  erected  to  a  height  of  forty  feet,  said 
height  being  taken  from  the  curb-line,  where  same  exists,  at 
the  centre  of  front  or  side  of  building  on  which  main 
entrance  to  upper  floors  is  located.  Where  the  walls  of  a 
building  do  not  adjoin  the  street  or  building  line  then  the 
average  level  of  the  ground  on  which  the  building  stands 
may  be  taken  in  place  of  the  curb-line.  The  measurement 
for  height  shall  be  to  the  highest  point  of  roof  beams  in 
case  of  flat  roof  buildings,  and  to  the  average  height  of 
gable  or  roof  in  case  of  pitched  roofs.  Towers,  turrets  and 
minarets  of  wood  may  be  erected  to  a  height  not  to  exceed 
fifteen  feet  greater  than  the  foregoing  limited  height,  except 
that  the  spires  of  churches  may  be  erected  of  wood  to  a 
height  not  exceeding  ninety  feet  from  the  ground.  All  foot- 
ings or  bottom  stones  shall  be  at  least  six  inches  wider  on 
each  side  than  bottom  width  of  foundation  walls  above, 
except  where  the  outside  of  the  foundation  wall  sets  on  the 
property  line,  in  which  case  six  inches  wider  on  the  inside 
shall  be  sufficient.  The  thickness  of  footings  shall  be  not 
less  than  eight  inches,  if  of  stone,  and  not  less  than  twelve 
inches  if  of  concrete. 

Foundations  for  frame  structures  shall  be  laid  not  less 
than  four  feet  below  the  finished  surface  of  the  earth  or 
upon  the  surface  where  there  is  rock  bottom,  or  upon  piles 
or  ranging  timbers  where  found  necessary.  The  founda- 
tion walls  of  frame  structures  exceeding  fifteen  feet  in 
height,  if  of  stone,  shall  be  not  less  than  eighteen  inches 


248  CODE  OP  OBDINANCES  0?  THE  CITY  OF  NEW  YORK. 

thick,  and  if  of  brick  not  less  than  twelve  inches  to  the 
grade  and  eight  inches  thick  to  the  under  side  of  the  sill. 
If  the  foundation  and  first  story  walls  are  constructed 
of  brick  the  foundation  walls  shall  be  not  less  than  twelve 
inches  thick  to  the  first  tier  of  beams  and  eight  inches  thick 
from  first  tier  to  second  tier  of  beams;  or  if  these  walls  are 
constructed  of  stone  they  shall  be  not  less  than  twenty 
inches  for  the  foundation  wall  and  eighteen  inches  for  the 
first  story  wall;  and  if  the  walls  are  faced  with  stone  ashlar 
the  total  thickness  shall  be  four  inches  greater  than  in  this 
section  specified.  In  the  foundation  walls  there  may  be 
recesses  not  more  than  eight  feet  long  for  stairs,  with  brick 
walls  not  less  than  eight  inches  thick.  All  chimneys  in 
frame  buildings  shall  be  built  of  brick  or  stone  or  other  fire- 
proof material.  If  of  brick  the  flues  shall  have  walls  at 
least  eight  inches  thick,  except  where  flues  are  lined  with 
burnt-clay  pipe,  in  which  case  the  walls  around  flues  may  be 
four  inches  thick.  All  flue  linings  shall  extend  at  least  one 
foot  above  the  roof  boards.  Where  chimneys  are  built  of 
stone  the  walls  of  the  flues  shall  be  not  less  than  eight 
inches  on  all  sides,  and  shall  be  lined  with  burnt-clay  pipe. 
All  chimneys  shall  be  topped  out  at  least  four  feet  above 
the  highest  point  of  contact  with  the  roof,  and  be  properly 
capped.  Chimneys  in  party  walls  or  serving  two  rooms  oh 
the  same  floor  may  be  built  in  the  walls  or  partitions;  else- 
where, they  shall  be  built  inside  of  the  frame,  except  in  the 
case  of  ornamental  or  exposed  chimneys.  In  no  case  shall 
a  frame  building  be  erected  within  three  feet  of  the  side  or 
rear  line  of  a  lot,  unless  the  space  between  the  studs  on 
any  such  side  be  filled  in  solidly  with  not  less  than  two  and 
one-half  inches  of  brickwork  or  other  fireproof  material. 
When  two  or  more  such  buildings  are  built  continuous,  the 
party  or  division  studding  shall  be  not  less  than  four  inches 
thick  and  filled  in  solidly  with  brickwork  or  other  fireproof 
material  extending  to  the  under  side  of  roof  boards.  When 
the  division  walls  are  of  brick  they  shall  be  not  less  than 
eight  inches  thick  above  the  foundation  wall  and  extending 
to  under  side  of  roof  boards,  and  the  ends  of  the  fioor  beams 
shall  be  so  separated  that  four  inches  of  brick  will  be 
between  the  beams  where  they  rest  on  said  walls.  The  sills 
of  all  frame  dwellings,  except  where  the  first  fioor  is  used 
for  store  or  business  purposes,  shall  be  not  less  than  two 
feet  above  the  ground  to  the  under  side  of  same.  All  frame 
or  wood  buildings  exceeding  a  height  of  fifteen  feet  shall  be 
built  with  sills,  posts,  girts,  plates  and  rafters,  all  of  suitable 
size  and  properly  framed  and  braced  with,  suitable  studs  or 
planks  set  at  proper  distance  apart;  but  this  shall  not  pro- 
hibit the  use  of  balloon  framing.  The  floor  beams  and 
rafters  shall  be  not  less  than  two  inches  in  thickness.  The 
covering  of  roof  may  be  of  shingle.  The  walls  of  light,  vent 
and  dumb-waiter  shafts,  whether  exterior  or  interior,  in 
frame  buildings,  may  be  constructed  of  frame.     Posts  of 


CODE  OF  ORDINANCES  OF  THE  CITY  OP  NEW  YORK.  249 

locust  or  other  hard  wood  and  wood  girders  may  be  used 
instead  of  brick  fore-and-aft  partitions  in  cellars  of  frame 
buildings,  and  it  shall  not  be  necessary  to  use  metal  or  wire 
lath  for  the  ceilings  of  cellars  or  lowest  floors  of  any  frame 
building.  The  cellar  stairs  in  frame  buildings  may  be  placed 
directly  under  main  stairs,  and  no  brick  wall  shall  be  neces- 
sary to  inclose  the  same;  nor  shall  areas  be  required  to  be 
built  across  the  front  of  frame  buildings  except  where  the 
cellar  or  basement  is  used  for  living  purposes.  The  regula- 
tions governing  plumbing,  drainage  and  heating,  also  steam 
and  hot-air  pipes  and  registers,  where  the  same  extend 
through  or  along  stud  partitions,  shall  also  apply  to  frame 
buildings.  Frame  buildings  may  be  altered,  extended, 
raised  or  repaired,  provided  the  new  portions  comply  with 
the  provisions  of  this  section.  No  frame  building  exceeding 
three  stories  in  height  shall  hereafter  be  erected  to  be 
occupied  by  more  than  six  families,  nor  shall  any  frame 
building  already  erected  be  altered  to  be  occupied  by  more 
than  six  families,  nor  more  than  three  stories  in  height. 
Outside  of  the  fire  limits,  when  any  brick  or  stone  building 
is  to  be  erected  of  a  class  that  could,  under  this  Code,  be 
constructed  of  wood,  the  Commissioner  of  Buildings  having 
jurisdiction  is  hereby  authorized  and  directed  to  allow  rea- 
sonable modifications  of  this  Code  relating  to  brick  build- 
ings, in  consideration  of  incombustible  material  being  used 
for  walls  instead  of  wood.     (Id.,  sec.  146.) 

§  147.  Frame  Buildings;  Where  Streets  Are  Not  Estab- 
lished.—  Within  portions  of  The  City  of  New  York  where 
streets  have  not  been  or  are  not  legally  established  and  are 
outside  of  the  prescribed  fire  limits,  no  building  or  structure 
other  than  small  outhouses  shall  be  erected  without  first 
filing  plans  and  a  detailed  statement  of  the  proposed  con- 
struction and  obtaining  an  approval  therefor,  as  provided  in 
section  4  of  this  Code.  Within  the  said  portions  of  The  City 
of  New  York,  hotels,  tenement  houses  for  occupancy  by  not 
more  than  six  families,  and  places  of  public  assembly  may 
be  built  of  wood,  but  shall  in  all  other  respects  comply  with 
the  several  provisions  of  this  Code,  relating  to  such  struc- 
tures; but  for  all  other  buildings  or  structures  only  so  much 
of  the  requirements,  regulations  and  restrictions  of  this 
Code  shall  apply  as  in  the  opinion  of  the  Commissioner  of 
Buildings  having  jurisdiction  may  be  necessary  for  safety 
and  health.  The  purpose  of  this  section  is  to  permit  greater 
freedom  in  construction  and  in  plumbing  and  drainage  of 
buildings  in  the  outlying  and  undeveloped  portions  of  The 
City  of  New  York  than  in  those  portions  where  a  street 
system  has  been  adopted  by  the  municipality  or  established 
by  law.     (Id.,  sec.  147.) 

Part  29. —  Appeals  and  Modifications  of  Laws. 
§  148.     The   Board    of   Buildings. —  Each   Commissioner   of 
Buildings  shall  have  power,  with  the  approval  of  the  board, 


250  CODE  OF  OBDINANCES  OF  THE  CITY  OF  NEW  YORK. 

to  vary  or  modify  any  rule  or  regulation  of  the  board,  or 
the  provisions  of  chapter  12  of  the  Greater  New  York  Char- 
ter, or  of  any  existing  law  or  ordinance  relating  to  the 
construction,  alteration  or  removal  of  any  building  or  struc- 
ture erected  or  to  be  erected  within  his  jurisdiction,  pursu- 
ant to  the  provisions  of  section  650  of  the  Greater  New  York 
Charter.     (Id.,  sec.  148.) 

§  149.  Board  of  Examiners. —  The  Board  of  Examiners 
for  the  Boroughs  of  Manhattan  and  The  Bronx  shall  be 
constituted  as  prescribed  by  section  649  of  the  Greater  New 
York  Charter.  Each  of  said  Examiners  shall  take  the  usual 
oath  of  office  before  entering  upon  his  duties.  No  member 
of  said  Board  shall  pass  upon  any  question  in  which  he  is 
pecuniarily  interested.  The  said  board  shall  meet  as  often 
as  once  in  each  week  upon  notice  from  the  Commissioner 
of  Buildings. 

The  members  of  said  Board  of  Examiners,  and  the  Clerk 
of  said  board,  shall  each  be  entitled  to  and  shall  receive  ten 
dollars  for  each  attendance  at  a  meeting  of  said  board,  to  be 
paid  by  the  Comptroller  from  the  annual  appropriation  to 
be  made  therefor  upon  the  voucher  of  the  Commissioner 
of  Buildings  for  the  Boroughs  of  Manhattan  and  The  Bronx. 
(Id.,  sec.  149.) 

Part  30. —  Tiolations  and  Penalties.  Courts  Having  Jurisdiction. 
§  150.  Violations  and  Penalties. —  The  owner  or  owners 
of  any  building,  structure  or  part  thereof,  or  wall,  or  any 
platform,  staging  or  flooring  to  be  used  for  standing  or 
seating  purposes  where  any  violation  of  this  Code  shall  be 
placed,  or  shall  exist,  and  any  architect,  builder,  plumber, 
carpenter  or  mason  who  may  be  employed  or  assist  in  the 
commission  of  any  such  violation,  and  any  and  all  persons 
who  shall  violate  any  of  the  provisions  of  this  Code  or  fail 
to  comply  therewith,  or  any  requirement  thereof,  or  who 
shall  violate  or  fail  to  comply  with  any  detailed  order  or 
regulation  made  thereunder,  or  who  shall  build  in  viola- 
tion of  any  detailed  statement  of  specifications  or  plans, 
submitted  and  approved  thereunder,  or  of  any  certificate  or 
permit  issued  thereunder,  shall  severally,  for  each  and  every 
such  violation  and  non-compliance,  respectively,  forfeit  and 
pay  a  penalty  in  the  sum  of  fifty  dollars.  Except  that  any 
such  person  who  shall  violate  any  of  the  provisions  of  this 
Code,  as  to  the  construction  of  chimneys,  fireplaces,  fines, 
hot-air  pipes  and  furnaces,  or  who  shall  violate  any  of  the 
provisions  of  this  Code,  vsdth  reference  to  the  framing  or 
trimming  of  timbers,  girders,  beams,  or  other  woodwork 
in  proximity  to  chimney  flues  or  fireplaces,  shall  forfeit 
and  pay  a  penalty  in  the  sum  of  $100.  But  if  any  said  viola- 
tion shall  be  removed  or  be  in  process  of  removal  within 
ten  days  after  the  service  of  a  notice  as  hereinafter  pre- 
scribed, the  liability  of  such  a  penalty  shall  cease,  and  the 
Corporation   Counsel,   on   recjuest  of   the   Commissioner   of 


CODE  OF  ORDINANCES  OP  THE  CITY  OP  NEW  YORK.  251 

Buildings  having  jurisdiction,  shall  discontinue  any  action 
pending  to  recover  the  same,  upon  such  removal  or  the  com- 
pletion thereof  -sVithin  a  reasonable  time.  Any  and  all  of  the 
aforementioned  persons  who  having  been  served  with  a 
notice  as  hereinafter  prescribed,  to  remove  any  violation,  or 
comply  with  any  requirement  of  this  Code,  or  with  any 
order  or  regulation  made  thereunder,  shall  fail  to  comply 
with  said  notice  within  ten  days  after  such  service  or  shall 
continue  to  violate  any  requirement  of  this  Code  in  the 
respect  named  in  said  notice  shall  pay  a  penalty  of  $250. 
For  the  recovery  of  any  said  penalty  or  penalties  an  action 
may  be  brought  in  any  municipal  court,  or  court  of  record, 
in  said  city  in  the  name  of  The  City  of  New  York;  and 
whenever  any  judgment  shall  be  rendered  therefor,  the  same 
shall  be  collected  and  enforced,  as  prescribed  and  directed 
by  the  Code  of  Civil  Procedure  of  the  State  of  New  York. 
The  Commissioner  of  Buildings  having  jurisdiction,  through 
the  Corporation  Counsel,  is  hereby  authorized,  in  his  discre- 
tion, good  and  sufficient  cause  being  shown  therefor,  to 
remit  anj'-  fine  or  fines,  penalty  or  penalties,  which  any 
person  or  persons  may  have  incurred,  or  may  hereafter 
incur,  under  any  of  the  provisions  of  this  Code;  but  no  fine 
or  penalty  shall  be  remitted  for  any  such  violation  until 
the  violation  shall  have  been  removed.  Said  remission  shall 
also  operate  as  the  remission  of  the  costs  obtained  in  such 
action.  (Id.,  sec.  150,  rev.  from  L.  1882,  ch.  410,  §  505,  as 
amend.) 

An  inspector  of  a  department  has  no  power  to  change  the  plans 
and  specifications  as  fixed  by  the  head  of  the  department.  Health 
Dept.  vs.  Hamm,  4  Misc.  602,  24  N,  Y.  Supp.  730.  Nor  will  the 
approval  of  a  minor  official,  as  to  a  change,  be  a  defense  to  an 
action  to  recover  a  penalty.  Fire  Department  vs.  Buhler,  35  N.  Y. 
177;  Fire  Department  N.  Y,  vs.  Buffum,  2  E.  D.  Smith,  511. 

§  151.  Courts  Having  Jurisdiction. —  All  courts  of  civil 
jurisdiction  in  The  City  of  New  Y^'ork  shall  have  cognizance 
of  and  jurisdiction  over  any  and  all  suits  and  proceedings 
by  this  Code  authorized  to  be  brought  for  the  recovery  of 
any  penalty  and  the  enforcement  of  any  of  the  several  pro- 
visions of  this  Code,  and  shall  give  preference  to  such  suits 
and  proceedings  over  all  others,  and  no  court  shall  lose 
jurisdiction  of  any  action  by  reason  of  a  plea  that  the  title 
to  real  estate  is  involved,  provided  the  object  of  the  action 
is  to  recover  a  penalty  for  the  violation  of  any  of  the  pro- 
visions of  this  Code.  The  Corporation  Counsel  is  authorized 
to  institute  any  and  all  actions  and  proceedings,  either 
legal  or  equitable  that  may  be  appropriate  or  necessary  for 
the  enforcement  of  the  provisions  of  this  Code,  and  all  civil 
courts  in  said  city  are  hereby  invested  with  full  legal  and 
equitable  jurisdiction  to  hear,  try  and  determine  all  such 
actions  and  proceedings,  and  to  make  appropriate  orders 
and  render  judgment  therein  according  to  law,  so  as  to  give 
force  and  effect  to  the  provisions  of  this  Code.  Whenever 
the  Commissioner  of  Buildings  having  jurisdiction  is  satisfied 


252  CODE  OP  OnDTNANCES  OF  THE  CITY  OF  NEW  YORK. 

that  any  building-  or  structure,  or  any  portion  thereof,  or 
any  drainage  or  plumbing,  the  erection,  construction  or 
alteration,  execution  or  repair  of  which  is,  regulated,  per- 
mitted or  forbidden  by  this  Code,  is  being  erected,  con- 
structed, altered  or  repaired,  or  has  been  erected,  constructed, 
altered  or  repaired,  in  violation  of,  or  not  in  com- 
pliance with,  any  of  the  provisions  or  requirements  of  this 
Code,  or  in  violation  of  any  detailed  statement  of  specifica- 
tions or  plans  submitted  and  approved  thereunder,  or  of  any 
certificate  or  permit  issued  thereunder,  or  that  any  provision 
or  requirement  of  this  Code,  or  any  order  or  direction  made 
thereunder  has  not  been  complied  with,  or  that  plans  and 
specifications  for  plumbing"  and  drainage  have  not  been  sub- 
mitted or  filed  as  required  by  this  Code,  the  Commissioner  of 
Buildings  having*  jurisdiction  may  in  his  discretion,  through 
the  Corporation  Counsel,  institute  any  appropriate  action 
or  proceeding  at  law  or  in  equity  to  restrain,  correct  or 
remove  such  violation,  or  the  execution  of  any  work  thereon, 
or  to  restrain  or  correct  the  erection  or  alteration  of,  or  to 
require  the  removal  of,  or  to  prevent  the  occupation  or  use 
of,  the  building  or  structure  erected,  constructed  or  altered, 
in  violation  of,  or  not  in  compliance  with,  any  of  the  pro- 
visions of  this  Code,  or  with  respect  to  which  the  require- 
ments of  this  Code,  or  of  any  order  or  direction  made  pur- 
suant to  any  provisions  contained  in  this  Code,  shall  not  have 
been  complied  with.  In  any  such  action  or  proceeding  The 
City  of  New  York  may,  in  the  discretion  of  the  Commissioner 
of  Buildings  having  jurisdiction  and  on  his  affidavit  setting 
forth  the  facts,  apply  to  any  court  of  record  in  said  city 
or  to  a  judge  or  justice  thereof,  for  an  order  enjoining*  and 
restraining"  all  persons  from  doing",  or  causing  or  permitting" 
to  be  done,  any  work  in  or  upon  such  building"  or  structure, 
or  in  or  upon  such  part  thereof  as  may  be  designated  in 
said  affidavit  for  any  purpose  whatever,  until  the  hearing 
structure,  or  such  portion  thereof  as  may  be  designated  in 
said  affidavit  for  any  purpose  whatever,  until  the  hearing" 
and  determination  of  said  action  and  the  entry  of  final 
judgment  therein.  The  court,  or  judge  or  justice  thereof,  to 
whom  such  application  is  made,  is  hereby  authorized  forth- 
with to  make  any  or  all  of  the  orders  above  specified,  as 
may  be  required  in  such  application,  with  or  without  notice, 
and  to  make  such  other  or  further  orders  or  directions  as 
may  be  necessary  to  render  the  same  effectual.  No  officer 
of  said  Department  of  Buildings  acting  in  good  faith  and 
without  malice  shall  be  liable  for  damages  by  reason  of 
anything  donie  in  any  such  action  or  proceeding.  No  under- 
taking" shall  be  required  as  a  condition  to  the  granting  or 
issuing"  of  such  injunction  order,  or  by  reason  thereof.  All 
courts  in  which  any  suit  or  proceeding"  is  instituted  under 
this  Code  shall,  upon  the  rendition  of  a  verdict,  report  of  a 
referee,  or  decision  of  a  judge  or  justice,  render  judgment  in 
accordance  therewith;  and  the  said  judgment,  so  rendered, 


CODE  OF  ORDINANCES  OF  THE  CITY  OP  NEW  YORK.  253 

shall  be  and  become  a  lien  npon  the  premises  named  in  the 
complaint  in  any  such  action,  to  date  from  the  time  of  filing" 
in  a  County  Clerk's  office  in  The  City  of  New  York,  where 
the  property  affected  by  such  action,  suit,  or  proceeding,  is 
located,  of  a  notice  of  lis  pendens  therein;  which  lien  may 
be  enforced  ag-ainst  said  property,  in  every  respect,  not- 
withstanding* the  same  may  be  transferred  subsequent  to 
thje  filing"  of  the  said  notice.  Said  notice  of  lis  pendens  shall 
consist  of  a  copy  of  the  notice  issued  by  the  Commissioner 
of  Building's  having"  jurisdiction  requiring  the  removal  of 
the  violation  and  a  notice  of  the  suit  or  proceedings  insti- 
tuted, or  to  be  instituted  thereon,  and  said  notice  of  lis 
pendens  may  be  filed  at  any  time  after  the  service  of  the 
notice  issued  by  the  Commissioner  of  Buildings  as  aforesaid, 
provided  he  may  deem  the  same  to  be  necessary,  or  is 
satisfied  that  the  owner  of  the  property  is  about  to  transfer 
the  same  to  avoid  responsibility  for  having  violated  the 
provisions  of  this  Code  or  some  one  of  its  provisions.  Any 
notice  of  lis  pendens  filed  pursuant  to  the  provisions  of  this 
Code  may  be  vacated  and  cancelled  of  record;  upon  an  order 
of  a  judge  or  justice  of  the  court  in  which  such  suit  or 
proceeding  was  instituted  or  is  pending,  or  upon  the  con- 
sent in  writing  of  the  Corporation  Counsel,  and  the  clerk 
of  the  said  county  where  such  notice  is  filed,  is  hereby 
directed  and  required  to  mark  any  such  notice  of  lis  pendens 
and  any  record  or  docket  thereof  as  vacated  and  cancelled 
of  record,  upon  the  presentation  and  filing  of  a  certified 
copy  of  an  order  as  aforesaid,  or  of  the  consent,  in  writing, 
of  said  Corporation  Counsel.  In  no  case  shall  the  said 
Department  of  Buildings,  or  any  officer  thereof,  or  the  cor- 
poration of  The  City  of  New  York,  or  any  defendant,  be 
liable  for  costs  in  any  action,  suit  or  proceedings  that  may 
have  been,  or  may  hereafter  be,  instituted  or  commenced  in 
pursuance  of  this  Code,  unless  specially  ordered  and  allowed 
against  any  defendant  or  defendants,  by  a  court  of  justice, 
in  the  course  of  such  action,  suit  or  proceeding.  (Id.,  sec. 
151,  rev.  from  L.  1882,  ch.  410,  §  506,  as  amend.) 

A  lien  filed  under  this  section  does  not  affect  the  lien  ol  a  prior 
mortgage  nor  a  sale  thereunder.    Mitchell  vs.  Smith,  53  N.  Y.  413. 

§  152.  Notice  of  Violations  of  Code;  Service  of  Papers. — 
All  notices  of  the  violation  of  any  of  the  provisions  of  this 
Code,  and  all  notices  directing  anything  to  be  done,  required 
by  this  Code,  and  all  other  notices  that  may  be  required 
or  authorized  to  be  issued  thereunder,  including  notice  that 
any  building,  structure,  premises,  or  any  part  thereof,  are 
deemed  unsafe  or  dangerous,  shall  be  issued  by  the  Commis- 
sioner of  Buildings  having  jurisdiction,  and  shall  have  his 
najne  affixed  thereto  and  may  be  served  by  any  officer  or 
employee  of  the  Department  of  Buildings  or  by  any  person 
authorized  by  the  said  department.  All  such  notices,  and 
any  notice  or  order  issued  by  any  court  in  any  proceeding 
instituted  pursuant  to  this  Oode  to  restrain  or  remove  any 


V-  OF  THK       ^K 


254         CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

violation,  or  to  enforce  compliance  with  any  provision  or 
requirement  of  this  Code,  may  be  served  by  delivering  to 
and  leaving  a  copy  of  the  same  with  any  person  or  persons 
violating,  or  who  may  be  liable  under  any  of  the  several 
provisions  of  this  Code,  or  to  whom  the  same  may  be 
addressed,  and  if  such  person  or  persons  cannot  be  found 
after  diligent  search  shall  have  been  made  for  him  or  the^i, 
then  such  notice  or  order  may  be  served  by  posting  the 
same  in  a  conspicuous  place  upon  the  premises  where  such 
violation  is  alleged  to  have  been  placed  or  to  exist,  or  to 
which  such  notice  or  order  may  refer,  or  which  may  be 
deemed  unsafe  or  dangerous,  which  shall  be  equivalent  to 
a  personal  service  of  said  notice  or  order  upon  all  parties 
for  whom  such  search  shall  have  been  made.  Such  notice 
or  order  shall  contain  a  description  of  the  building,  premises 
or  property  on  which  such  violation  shall  have  been  put 
or  may  exist,  or  which  may  be  deemed  unsafe  or  dangerous, 
or  to  which  such  notice  or  order  may  refer.  If  the  person 
or  persons  or  any  of  them,  to  whom  said  notice  or  order 
is  addressed,  do  not  reside  in  the  State  of  New  York,  and 
have  no  known  place  of  business  therein,  the  same  may  be 
served  by  delivering  to  and  leaving  with  such  person  or 
persons,  or  either  of  them,  a  copy  of  said  notice  or  order, 
or  if  said  person  or  persons  cannot  be  found  within  said 
State  after  diligent  search,  then  by  posting  a  copy  of  the 
same  in  manner  as  aforesaid  and  depositing  a  copy  thereof 
in  a  post-office  in  The  City  of  New  York,  inclosed  in  a  sealed 
wrapper  addressed  to  said  person  or  persons  at  his  or  their 
last  known  place  of  residence,  v/ith  the  postage  paid  thereon; 
and  said  posting  and  mailing  of  a  copy  of  said  notice  or 
order  shall  be  equivalent  to  personal  service  of  said  notice 
or  order.  (Id.,  sec.  152,  rev.  from  L.  1882,  ch.  410,  §  507,  as 
amend.) 

See  Greenhaus  vs.  Alter,  30  App.  Div.  585;  Fire  Dept.  vs.  William- 
son, 1  Robt.  476. 

l*art  31. —  Unsafe  Buildings,  Surveys,  Court  Proceedings. 

§  153.  Unsafe  Buildings. —  Any  building  or  buildings,  part 
or  parts  of  a  building,  staging  or  other  structure  in  The 
City  of  New  York,  that  from  any  cause  may  now  be,  or  shall 
at  any  time  hereafter  become  dangerous  or  unsafe,  may  be 
taken  down  and  removed,  or  made  safe  and  secure,  in  the 
manner  following:  Immediately  upon  such  unsafe  or  dan- 
gerous building  or  buildings,  or  part  or  parts  of  a  building, 
staging  or  structure  being  so  reported  by  any  of  the  officers 
of  said  Department  of  Buildings,  the  same  shall  be  immedi- 
ately entered  upon  a  docket  of  unsafe  buildings  to  be  kept 
by  the  Commissioner  of  Buildings  having  jurisdiction;  and 
the  owner,  or  some  one  of  the  owners,  executors,  adminis- 
trators, agents,  lessees  or  any  other  person  or  persons  who 
may  have  a  vested  or  contingent  interest  in  the  same,  may 
be   served  with   a  printed   or  written   notice   containing  a 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.    255 

description  of  the  premises  or  structure  deemed  unsafe  or 
dangerous,  requiring  the  same  to  be  made  safe  and  secure, 
or  removed,  as  the  same  may  be  deemed  necessary  by  the 
Commissioner  of  Buildings  having  jurisdiction,  which  said 
notice  shall  require  the  person  or  persons  thus  served  to 
immediately  certify  to  the  said  Commissioner  his  or  their 
assent  or  refusal  to  secure  or  remove  the  same.  (Id.,  sec. 
153,  rev.  from  L.  1882,  ch.  410,  §  509,  as  amend.) 

The  city  is  not  responsible  for  the  acts  or  omissions  of  the 
officers  of  the  Building  Department  who,  in  the  exercise  of  sove- 
reign power,  have  the  duty  of  examining  and  removing  dangerous 
buildings.  Connors  vs.  Mayor,  11  Hun,  439.  But  the  head  of  the 
department  may  be  liable  for  his  official  neglect  to  a  person 
injured  thereby.    Connors  vs.  Adams,  13  Hun,  427. 

§  154.  Surveys  on  Unsafe  Buildings. —  If  the  person  or 
persons  so  served  with  notice  shall  immediately  certify  his 
or  their  assent  to  the  securing  or  removal  of  said  unsafe 
or  dangerous  buildings,  premises  or  structure,  he  or  they 
shall  be  allowed  until  one  o'clock  p.  m.  of  the  day  following 
the  service  of  such  notice,  in  which  to  commence  the  secur- 
ing or  removal  of  the  same;  and  he  or  they  shall  employ 
sufficient  labor  and  assistance  to  secure  or  remove  the  same 
as  expeditiously  as  the  same  can  be  done;  but  upon  his  or 
their  refusal  or  neglect  to  comply  with  any  of  the  require- 
ments of  said  notice  so  served  a  further  notice  shall  be 
served  upon  the  person  or  persons  heretofore  named,  and 
in  the  manner  heretofore  prescribed,  notifying  him  or  them 
that  a  survey  of  the  premises  named  in  the  said  notice  will 
be  made  at  the  time  and  place  therein  named,  which  time 
may  not  be  less  than  twenty-four  hours  nor  more  than 
three  days  from  the  time  of  the  service  of  said  notice,  by 
three  competent  persons,  one  of  whom  shall  be  the  Commis- 
sioner of  Buildings  having  jurisdiction,  or  a  Superintendent 
of  Buildings  or  an  Inspector,  designated  in  writing  by  said 
Commissioner,  another  of  whom  shall  be  an  architect, 
appointed  by  the  New  York  Chapter  of  the  American  Insti- 
tute of  Architects  for  the  Boroughs  of  Manhattan,  The 
Bronx  and  Richmond,  and  by  the  Brooklyn  Chapter  of  the 
American  Institute  of  Architects  for  the  Boroughs  of  Brook- 
lyn and  Queens,  depending  upon  the  borough  or  boroughs 
in  which  the  property  is  located,  another  of  whom  shall  be 
appointed  by  the  person  or  persons  thus  notified,  and  who 
shall  be  a  practical  builder  or  architect,  upon  whose  neglect 
or  refusal  to  appoint  such  surveyor,  however,  the  said  other 
two  surveyors  may  make  such  survey,  and  in  case  of  a  dis- 
agreement of  the  latter,  they  shall  appoint  a  third  person 
to  take  part  in  such  survey,  who  shall  also  be  a  practical 
builder  or  architect  of  at  least  ten  years'  practice,  and  the 
decision  of  the  said  surveyor  shall  be  final;  and  that  in  case 
the  said  premises  shall  be  reported  unsafe  or  dangerous 
under  such  survey,  the  said  report  will  be  placed  before  a 
court  therein  named  having  jurisdiction  to  the  extent  of 
$1,000,  and  that  a  trial  upon  the  alleg-ations  and  state»9»t9 


256  CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

contained  in  said  report,  be  the  report  of  said  surveyors 
more  or  less  than  is  contained  in  the  said  notice  of  survey, 
will  be  had  before  said  court  at  a  time  and  place  therein 
named,  to  determine  whether  said  unsafe  or  dangerous 
building  or  premises  shall  be  repaired  and  secured  or  taken 
down  and  removed,  and  a  report  of  said  survey,  reduced  to 
writing,  shall  constitute  the  issue  to  be  placed  before  the 
court  for  trial.  A  copy  of  said  report  of  survey  shall  be 
posted  on  the  building  by  the  persons  holding  the  survey, 
immediately  on  their  signing  the  same.  The  architect 
appointed  by  the  Chapters  of  the  American  Institute  of 
Architects  as  hereinbefore  provided  who  may  act  on  any 
survey  called  in  accordance  with  the  provisions  of  this 
Code,  shall  be  entitled  to  and  receive  the  sum  of  twenty-five 
dollars,  to  be  paid  by  the  Comptroller  upon  the  voucher  of 
the  Board  of  Buildings.  And  a  cause  of  action  is  hereby 
created  for  the  benefit  of  The  City  of  New  York  against  the 
owner  or  owners  of  said  building,  staging  or  structure,  and 
of  the  lot  or  parcel  of  land  on  which  the  same  is  situated, 
for  the  amount  so  paid  with  interest,  which  shall  be  prose- 
cuted in  the  name  of  The  City  of  New  York  by  the  Corpora- 
tion Counsel.  The  amount  so  collected  shall  be  paid  over  to 
the  Comptroller  in  reimbursement  of  the  amounts  so  paid  by 
him  as  aforesaid.  (Id.,  sec.  154,  rev.  from  L.  1882,  ch.  410, 
§  510,  as  amend.) 

Only  the  defects  mentioned  in  the  preliminary  notice  can  be  tried. 
If  others  are  found,  a  new  survey  must  be  had.  Matter  of  Unsafe 
Building,  1  Abb.  N.  C.  464. 

§  155.  Court  Proceedings. —  Whenever  the  report  of  any 
Buch  survey  had  as  aforesaid  shall  recite  that  the  building, 
premises  or  structure  thus  survej^ed  is  unsafe  or  dangerous, 
the  Corporation  Counsel  of  The  City  of  New  York  shall  at 
the  time  in  the  said  notice  named,  place  said  notice  and 
report  before  the  Judge  or  Justice  holding  a  Special  Term 
of  the  court,  in  the  said  notice  named,  which  said  Judge  or 
Justice  shall  immediately  proceed  to  obtain  and  impanel  a 
jury,  and  to  the  trial  of  said  issue  before  said  jury,  whose 
verdict  shall  be  exclusive  and  final,  and  shall  try  said  issue 
without  adjournm.ent,  except  as  may  be  necessary  from  day 
to  day,  giving  precedence  to  the  trial  of  this  issue  over 
every  other  business,  and  said  Judge  or  Justice  shall  have 
power  to  impanel  a  jury  for  that  purpose  from  any  jurors 
in  attendance  upon  said  court,  or  in  case  sufficient  jurors 
shall  not  be  in  attendance,  then  from  any  jurors  that  may 
be  summoned  for  that  purpose,  and  said  Judge  or  Justice 
shall  have  power  to  summon  jurors  for  that  purpose,  and 
any  such  suit  or  proceeding  commenced  before  a  Judge  or 
Justice  may  be  continued  before  another  Judge  or  Justice 
of  the  same  Court;  a  jury  trial  may  be  waived  by  the  default 
of  the  defendant  or  defendants  to  appear  at  the  time  and 
place  named  in  the  said  notice,  or  by  agreement,  and  in 
6uch  case  the  trial  may  be  hy  Court,  Judg^e,  Justice  or  Ref- 


CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  257 

eree,  whose  report  or  decision  in  th£  matter  shall  be  final; 
and  upon  the  rendition  of  a  verdict  or  decision  of  the  Court, 
Judge,  Justice  or  Referee,  if  the  said  verdict  or  decision 
shall  find  tlu'.  said  building,  premises  or  structure  to  be 
unsafe  or  dangerous,  the  Judge  or  Justice  trying  said  cause, 
or  to  whom  the  report  of  the  Keferee  trying  said  cause  shall 
be  presented,  shall  immediately  issue  a  precept  out  of  said 
Court,  directed  to  the  Commissioner  of  Buildings  having 
jurisdiction,  reciting  said  verdict  or  decision,  and  command- 
ing him  forthwith  to  repair  and  secure  or  take  down  or 
remove,  as  the  case  may  be,  in  accordance  with  said  verdict 
or  decision,  said  unsafe  or  dangerous  building,  buildings, 
part  or  parts  thereof,  staging,  structure  or  other  premises 
that  shall  have  been  named  in  the  said  report,  and  said 
Commissioner  of  Buildings  shall  immediately  thereupon  pro- 
ceed to  execute  said  precept  as  therein  directed,  and  may 
employ  such  labor  and  assistance  and  furnish  such  materials 
as  may  be  necessary  for  that  purpose,  and  after  having  done 
so  said  Commissioner  of  Buildings  shall  make  return  of  said 
precept,  with  an  indorsement  of  the  action  thereunder  and 
the  cost  and  expenses  thereby  incurred,  to  the  Judge  or 
Justice  then  holding  the  said  Special  Term  of  the  said 
Court,  and  thereupon  said  Judge  or  Justice  shall  tax  and 
adjust  the  amount  indorsed  upon  said  precept,  and  shall 
adjust  and  allow  disbursements  of  said  proceedings,  together 
with  the  preliminary  expenses  of  searches  and  surveys, 
which  shall  be  inserted  in  the  judgment  in  said  action  or 
proceeding,  and  shall  render  judgment  for  such  amount,  and 
for  the  sale  of  the  said  premises  in  the  said  notice  named, 
together  with  all  the  right,  title  and  interest  that  the  person 
or  persons,  or  either  of  them,  named  in  the  said  notice  had 
in  the  lot,  ground  or  land  upon  which  the  said  building  or 
structure  was  placed,  at  the  time  of  the  filing  of  a  notice  of 
lis  pendens  in  the  said  proceedings,  or  at  the  time  of  the 
entry  of  judgment  therein  to  satisfy  the  same,  which  shall 
be  in  the  same  manner  and  wdth  like  effect  as  sales  under 
judgment  in  foreclosure  of  mortgages,  and  in  and  about 
all  preliminary  proceedings  as  well  as  the  carrying  into 
effect  any  order  of  the  Court  or  any  precept  issued  by  any 
Court,  said  Commissioner  of  Buildings  may  make  requisition 
upon  the  Comptroller  of  The  City  of  New  York  for  such 
amount  or  amounts  of  money  as  shall  be  necessary  to  meet 
the  expenses  thereof;  and  upon  the  same  being  approved 
by  any  Judge  or  Justice  of  the  Court  from  which  the  said 
order  or  precept  was  issued  and  presented  to  said  Comp- 
troller, he  shall  pay  the  same,  and  for  that  purpose  shall 
borrow  and  raise,  upon  revenue  bonds,  to  be  issued  as  pro- 
vided in  section  188  of  the  Greater  New  York  Charter,  the 
several  amounts  that  may  from  time  to  time  be  required, 
which  shall  be  reimbursed  by  the  payment  of  the  amount 
and  interest  at  six  per  cent,  out  of  the  judgment  or  judg- 
ments obtained  as  aforesaid,  if  the  same  shall  be  coUectecU 
17 


258  CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

In  case  said  issue  shall  not  be  tried  at  the  time  specified  in 
said  notice,  or  to  which  the  trial  may  be  adjourned,  the 
same  may  be  brought  to  trial  at  any  time  thereafter  by  the 
said  Commissioner  of  Buildings,  without  a  new  survey,  upon 
not  less  than  three  days'  notice  of  trial  to  the  person  or 
persons  upon  whom  the  original  notice  was  served,  or  to 
his  or  their  attorney,  which  notice  of  trial  may  be  served 
in  the  same  manner  as  said  original  notice.  The  notice  of 
lis  pendens  provided  for  in  this  section  shall  consist  of  a 
copy  of  said  notice  of  survey,  and  shall  be  filed  in  the  oftlce 
of  a  County  Clerk  in  The  City  of  New  York,  in  the  county 
where  the  property  affected  by  such  action,  suit  or  proceed- 
ing is  located.  Provided,  nevertheless,  that  immediately 
upon  the  issuing  of  said  precept,  the  owner  or  owners  of 
said  building,  staging  or  structure,  or  premises,  or  any 
party  interested  therein,  upon  application  to  the  Commis- 
sioner of  Buildings,  shall  be  allowed  to  perform  the  require- 
ments of  said  precept  at  his  or  their  own  proper  cost  and 
expense,  provided  the  same  shall  be  done  immediately  and 
in  accordance  with  the  requirements  of  said  precept,  upon 
the  payment  of  all  costs  and  expenses  incurred  up  to  that 
time,  and  provided,  further,  that  the  Commissioner  of  Build- 
ings having  jurisdiction  shall  have  authority  to  modify  the 
requirements  of  said  precept  upon  application  to  him  there- 
for, in  writing,  by  the  owner  or  owners  of  said  building, 
staging  or  structure,  or  his  or  their  .representative,  when 
he  shall  be  satisfied  that  such  change  shall  secure  equally 
well  the  safety  of  said  building,  staging  or  structure.  (Id., 
sec.  155,  rev.  from  L.  1882,  ch.  410,  §  511,  as  amend.) 

§  156.  Application  for  Order  to  Remove  Violations  and  to 
Vacate  Buildings. —  In  case  any  notice  or  direction  author- 
ized to  be  issued  by  this  Code  is  not  complied  with  within  the 
time  designated  in  said  notice,  The  City  of  New  York,  by 
the  Corporation  Counsel,  may,  at  the  request  of  the  Commis- 
sioner of  Buildings  having  jurisdiction,  apply  to  the  Supreme 
Court  of  New  York,  at  a  special  term  thereof,  for  an  order 
directing  said  commissioner  to  proceed  to  make  the  altera- 
tions or  remove  the  violation  or  violations,  as  the  same  may 
be  specified  in  said  notice  or  direction.  Whenever  any  notice 
or  direction  so  authorized,  shall  have  been  served  as  directed 
in  this  Code,  and  the  same  shall  not  have  been  complied  with 
within  the  time  designated  therein,  the  Corporation  Counsel 
may,  at  the  request  of  the  Commissioner  of  Buildings  having 
jurisdiction,  in  addition  to,  or  in  lieu  of  the  remedy  last 
above  provided,  apply  to  the  Supreme  Court  of  New  York,  at 
a  special  term  thereof,  for  an  order  directing  the  said  com- 
missioner to  vacate  such  building  or  premises,  or  so  much 
thereof  as  said  commissioner  may  deem  necessary,  and  pro- 
hibiting the  same  to  be  used  or  occupied  for  any  purpose 
specified  in  said  order  until  such  notice  shall  have  been  com- 
plied with.  The  expenses  and  disbursements  incurred  in  the 
carrying  out  of  any  said  order  or  orders,  shall  become  a  lieu 


CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  259 

upon  said  building  or  premises  named  in  the  said  notice, 
from  the  time  of  tiling  of  a  copy  of  the  said  notice,  with  a 
notice  of  the  pendency  of  the  action  or  proceeding  as  pro- 
vided in  this  Code,  taken  thereunder,  in  the  office  of  the 
clerk  of  the  county  where  the  property  afEected  by  such 
action,  suit  or  proceeding  is  located;  and  the  said  Supreme 
Court,  or  a  judge  or  justice  thereof,  to  whom  application 
shall  be  made,  is  hereby  authorized  and  directed  to  grant 
any  of  the  orders  above  named,  and  to  take  such  proceedings 
as  shall  be  n£cessary  to  make  the  same  effectual,  and  any 
said  judge  or  justice  to  whom  application  shall  be  made  is 
hereby  authorized  and  directed  to  enforce  such  lien  in  accord- 
ance with  the  mechanics'  lien  laws  applicable  to  The  City 
of  New  York;  and  in  case  any  of  the  notices  herein  men- 
tioned shall  be  served  upon  any  lessee  or  party  in  possession 
of  the  building  or  premises  therein  described,  it  shall  be  the 
duty  of  the  person  upon  whom  such  service  i^  made  to  give 
immediate  notice  to  the  owner  or  agent  of  said  building 
named  in  the  notice,  if  the  same  shall  be  known  to  the  said 
person  personally,  if  such  person  shall  be  within  the  limits 
of  The  City  of  New  York,  and  his  residence  known  to  such 
person,  and  if  not  within  said  city,  then  by  depositing  a  copy 
of  said  notice  in  any  post-office  in  The  City  of  New  York, 
properly  inclosed  and  addressed  to  such  owner  or  agent,  at 
his  then  place  of  residence,  if  known,  and  by  paying  the 
postage  thereon;  and  in  case  any  lessee  or  party  in  posses- 
sion shall  neglect  or  refuse  to  give  such  notice  as  herein 
provided,  he  shall  be  personally  liable  to  the  owner  or 
owners  of  said  buildings  or  premises  for  all  damages  he  or 
they  shall  sustain  by  reason  thereof.  (Id.,  sec.  156,  rev, 
from  L.  1882,  ch.  410,  §  513,  as  amended.) 

Part  S2.— Recovery  of  Bodies  Under  Fallen  Buildings. 
§  157.  Recovery  of  Bodies  Under  Fallen  Buildings. —  In 
case  of  the  falling  of  any  building  or  part  thereof  in  The 
City  of  New  York,  where  persons  are  known  or  believed  to 
be  buried  under  the  ruins  thereof,  it  shall  be  the  duty  of  the 
Fire  Department  to  cause  an  examnation  of  the  premses  to 
be  made  for  the  recovery  of  the  bodies  of  the  killed  and 
injured.  Whenever,  in  making  such  examination,  it  shall  be 
necessary  to  remove  from  the  premises  any  debris,  it  shall 
be  the  duty  of  the  Commissioners  of  the  Department  of 
Docks,  of  the  Department  of  Parks,  of  the  Department  of 
Highways,  and  of  the  Department  of  Street  Cleaning,  when 
called  upon  by  the  Department  of  Buildings  to  co-operate  to 
provide  a  suitable  and  convenient  dumping  place  for  the 
deposit  of  such  debris.  In  case  there  shall  be,  in  the  opinion 
of  the  Department  of  Buildings,  actual  and  immediate  dan- 
ger of  the  falling  of  any  building  or  part  thereof  so  as  to 
endanger  life  or  property,  said  department  shall  cause  the 
necessary  work  to  be  done  to  render  said  building  or  part 
thereof  temporarily  safe  until  the  proper  proceedings  can 


260  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YOEK. 

be  taken,  as  in  the  case  of  an  unsafe  building,  as  provided 
for  in  this  Code.  The  Department  of  Buildings  is  hereby 
authorized  and  empowered  in  such  cases,  and  also  where  any- 
building  or  part  thereof  has  fallen,  and  life  is  endangered 
by  the  occupation  thereof,  to  order  and  require  the  inmates 
and  occupants  of  such  building  or  part  thereof  to  vacate 
the  same  forthwith,  and  said  department  may,  when  neces- 
sary for  the  public  safety,  temporarily  close  the  sidewalks 
and  streets  adjacent  to  such  building  or  part  thereof,  and 
prohibit  the  same  from  being  used,  and  the  Police  Depart- 
ment, when  called  upon  by  the  said  Department  of  Build- 
ings to  co-operate,  shall  enforce  such  orders  or  requirements. 
For  the  aforesaid  purposes  the  said  Fire  Department,  or  the 
Department  of  Buildings,  as  the  case  may  be,  shall  employ 
such  laborers  and  materials  as  may  be  necessary  to  perform 
said  work  as  speedily  as  possible.  (Id.,  sec.  157,  rev.  from. 
L.  1882,  ch.  410,  §  502,  as  amend.) 

§  157A.  In  case  there  shall  be,  in  the  opinion  of  the 
Borough  President  or  Superintendent  of  Buildings  in  any 
borough  having  jurisdiction,  danger  to  life  or  property  by 
reason  of  any  defective  or  illegal  work,  or  work  in  violation 
of  OF  not  in  compliance  with  any  of  the  provisions  or 
requirements  of  this  Code,  the  said  Borough  President  or 
Superintendent  of  Buildings  or  such  person  as  may  be  desig- 
nated by  him  shall  have  the  right  and  he  is  hereby  author- 
ized and  empowered  to  order  all  further  work  to  be  stopped 
in  and  about  said  building,  and  to  require  all  persons  in  and 
about  said  building  forthwith  to  vacate  the  same,  and  to 
cause  such  work  to  be  done  in  and  about  the  building  as  in 
his  judgment  may  be  necessary  to  remove  any  danger  there- 
from. Jtiid  said  Borough  President  or  Superintendent  of 
Buildimgs  may,  when  necessary  for  the  public  safety,  tem- 
porarily close  the  sidewalks  and  the  streets  adjacent  to  said 
building,  or  part  thereof,  and  the  Police  Department,  when 
called  upon  by  the  said  Borough  President  or  Superintend- 
ent of  Buildings  to  co-operate,  shall  enforce  such  orders  or 
requirements.     (Ord.  app.  June  1,  1904.) 

Part  33. —  Fund  for  Use  and  Benefit  of  the  Department  of 
Buildings. 
§  158.  Fund  for  Use  and  Benefit  of  the  Department  of 
Buildings. —  The  Corporation  Counsel  shall  sue  for  and  col- 
lect all  penalties  and  take  charge  of  and  conduct  all  legal 
proceedings  imposed  or  provided  for  by  this  Code;  and  all 
suits  or  proceedings  instituted  for  the  enforcement  of  any 
of  the  several  provisions  of  the  preceding  sections  of  this 
Code  or  for  the  recovery  of  any  penalty  thereunder  shall  be 
brought  in  the  name  of  The  City  of  New  York  by  the  Corpo- 
ration Counsel,  to  whom  all  notices  of  violation  shall  be 
returned  for  prosecution,  and  it  shall  be  his  duty  to  take 
charge  of  the  prosecution  of  all  such  suits  or  proceedings, 
collect  and  receive  all  moneys  that  may  be  collected  upon 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  261 

judgments,  suits  or  proceedings  so  instituted,  or  which  may- 
be paid  by  any  parties  who  have  violated  any  of  the  pro- 
visions of  this  Code,  and  upon  settlement  of  judgment  and 
removal  of  violations  thereunder,  execute  satisfaction  there- 
for. He  shall,  on  the  first  day  of  each  and  every  month, 
render  to  each  Commissioner  of  Buildings  an  account  of  and 
pay  over  to  the  commissioner  having  jurisdiction  the  amount 
of  such  penalties  and  costs  received  by  him,  together  with 
his  bill  for  all  necessary  disbursements  incurred  or  paid  in 
said  suits,  keeping  a  separate  account  for  each  Commissioner, 
and  each  Commissioner  shall  pay  over  monthly  the  amount 
of  such  penalties  and  costs  so  collected  to  the  Comptroller 
of  The  City  of  New  York  as  a  fund  for  the  use  and  benefit 
of  the  Department  of  Buildings  for  the  purpose  of  paying 
any  expenses  incurred  by  said  department,  under  section 
157  of  this  Code,  and  also  for  the  purpose  of  carrying  into 
effect  any  order  or  precept  issued  by  any  court,  or  judge  or 
justice  thereof,  in  this  Code  named,  to  any  Commissioner 
of  Buildings,  and  upon  the  requisition  of  the  Commissioner 
of  Buildings  having  jurisdiction,  said  Comptroller  shall  pay 
such  sum  or  sums  as  may  be  allowed  and  adjusted  by  any 
court  of  record,  or  a  judge  or  justice  thereof,  for  such  pur- 
poses, as  far  as  the.  same  may  be  in  his  hands.  A  separate 
account  shall  be  kept  by  the  Comptroller  of  the  moneys  paid 
to  him  by  each  Commissioner,  and  no  such  moneys  shall  be 
paid  for  such  purposes  to  any  of  said  Commissioners  except 
fromi  the  account  of  the  funds  received  from  him.  (Id., 
sec.  158,  rev.  from  L.  1882,  ch.  410,  §  515,  as  amend.) 

Part  34. —  Seal.    Ofjficera  of  Department  May  Enter  Buildings. 

§  159.  Seal. —  The  Board  of  Buildings  may  adopt  a  seal 
and  direct  its  use  in  the  Department  of  Buildings.  (Id., 
sec.  159,  L.  1892,  ch.  275,  §  4.) 

§  160.  Officers  of  Department  May  Enter  Buildings. —  All 
the  officials  of  the  Department  of  Buildings,  so  far  as  it 
may  be  necessary  for  the  performance  of  their  respective 
duties,  have  the  right  to  enter  any  building  or  premises  in 
said  city,  upon  showing  their  badge  of  office.  (Id.,  sec.  160, 
rev.  from  L.  1882,  ch.  410,  §  516.) 

Part  S5.— Existing  Suits  and  Liabilities.  Invalidity  of  One 
Section  Not  to  Invalidate  Any  Other. 

§  161.  Existing  Suits  and  Liabilities  —  Nothing  in  this 
Code  contained  shall  be  construed  to  affect  any  suit  or  pro- 
ceeding now  pending  in  any  court,  or  any  rights  acquired  or 
liability  incurred,  nor  any  cause  or  causes  of  action  accrued 
or  existing,  under  any  act  or  ordinance  repealed  hereby. 
N^r  shall  any  right  or  remedy  of  any  character  be  lost, 
impaired  or  affected  by  this  Code.  (Id.,  sec.  161,  L.  1892, 
ch.  275,  §  45.) 

§  162.  Invalidity  of  One  Section  Not  to  Invalidate  Any 
Other. —  The  invalidity  of  any  section  or  provision  of  this 


262  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

Code    shall    not   invalidate    any    other    section    or    provision 
thereof.     (Id.,  sec.  162.) 

Part   36. —  Ordinances   Repealed.    Date   When   Ordinance   Takes 

Effect. 

§  163.  Repealing"  Section.— All  ordinances  of  the  former 
municipal  and  public  corporations  consolidated  into  The  City 
of  New  York  affecting  or  relating"  to  the  construction,  alter- 
ation or  removal  of  buildings  or  other  structures,  and  all 
other  ordinances  or  parts  thereof  inconsistent  herewith  are 
hereby  repealed.     (Id.,  sec.  163.) 

§  164.  Date  When  Ordinance  is  to  Take  Effect.—  This  ordi- 
nance shall  take  effect  sixty  days  after  its  approval  by  the 
Mayor.     (Id.,  sec.  164.) 

Chapter  16. —  Park  Ordinances,  Eules  and  Eegueations. 

The  power  of  the  Board  of  Aldermen  to  pass  Park  Ordinances  is 
prescribed  in  the  Greater  New  Yorlc  Charter  (L.  1897,  ch.  378, 
sec.  47),  and  the  Revised  Charter  (L.  1901,  ch.  466,  sec.  43). 

By  Laws  1904,  chapter  678,  section  1,  amending  section  610,  Laws 
1901,  chapter  466,  the  Park  Rules  in  force  May  1,  1904,  were  made  a 
chapter  in  the  City  Ordinances  and  amendments  when  adopted  by 
the  Park  Board  became  effective  when  copies  were  filed  with  the 
City  Clerk. 

The  following  is  taken  from  the  Park  Ordinances  passed  March 
14,  1904: 

The  Park  Board  of  the  Department  of  Parks  of  The  City 
of  New  York  ordains  as  follows: 

All  persons  are  forbidden  — 

1.  To  cut,  break  or  in  any  way  injure  or  deface  the  trees, 
shrubs,  plants,  trees,  posts,  railings,  chains,  lamps,  lamp- 
posts, benches,  tree-guards,  buildings,  structures  or  other 
property  in  or  upon  any  of  the  public  parks,  parkways, 
squares  or  places  of  or  within  The  City  of  New  York,  under 
the  jurisdiction  of  the  Department  of  Parks,  or  to  dig  into 
or  upon  the  soil  within  the  boundaries  of  any  such  parks, 
parkwaj^s,  squares  or  places  or  of  any  roads  or  roadways 
upon  or  across  the  same. 

2.  To  go  on  foot  or  otherwise  upon  the  grass,  except  when 
and  where  permitted,  or  to  throw  or  leave  any  paper,  refuse 
or  rubbish  on  any  of  the  lawns  or  walks  of  the  said  parks, 
parkways,  squares  or  places. 

3.  To  expose  any  article  for  sale  or  exhibition,  unless 
previously  licensed  by  the  Department  of  Parks  therefor, 
on  any  part  of  such  public  parks,  parkways,  squares  or 
places. 

4.  To  post  any  bill,  placard,  notice  or  other  paper  upon 
any  structure  within  such  public  parks,  parkways,  squares 
or  places,  or  upon  any  street  or  avenue  adjacent  thereto 
under  the  jurisdiction  of  the  Department  of  Parks,  unless 
previously  licensed  so  to  do   by  the   Commissioner  having 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  203 

jurisdiction,  and  in  accordance  with  the  provisions  of  section 
16  hereof. 

5.  To  play  upon  any  musical  instrument  within  such  pub- 
lic parks,  parkways,  squares  or  places,  or  take  into,  carry 
or  display  any  flag,  banner,  target  or  transparency  without 
the  permission  of  the  Commissioner  having  jurisdiction. 

6.  To  erect  any  structure,  stand  or  platform,  or  hold  any 
meetings  in  such  parks,  parkways,  squares  or  places,  without 
previous  permission  therefor  from  the  Commissioner  having 
jurisdiction. 

7.  To  use  threatening,  abusive  or  insulting  language  upon 
any  of  such  public  parks,  parkways,  squares  or  places,  or 
doing  any  obscene  or  indecent  act  thereon,  or  any  act 
tending  to  a  breach  of  the  public  peace. 

8.  No  hackney  coach,  carriage,  wagon,  cart  or  other 
vehicle  for  hire  shall  stand  upon  any  such  public  park,  park- 
way, square  or  place,  or  upon  any  street  or  avenue  adjacent 
thereto  under  the  jurisdiction  of  the  Department  of  Parks 
without  previous  license,  and  then  only  at  such  place  as 
shall  be  indicated  and  allowed  by  the  Commissioner  having 
jurisdiction. 

9.  No  horse  or  other  animal  shall  be  allowed  to  go  at 
large  upon  such  public  parks,  parkways,  squares  or  places, 
except  that  dogs  may  be  allowed  therein  when  led  by  a 
chain  or  proper  dog-string  not  exceeding  six  feet  in  length. 

10.  No  person  shall  bathe  or  fish  in  any  of  the  waters  or 
fountains,  nor  cast  any  substance  therein,  nor  disturb  or 
interfere  in  any  way  with  the  fish,  birds  or  animals  within 
such  public  parks,  parkways,  squares  or  places,  except  in 
the  waters  adjacent  to  Pelham  Bay  Park,  where  bathing  and 
fishing  shall  be  permitted,  subject  to  the  rules  and  regula- 
tions prescribed  by  the  Commissioner  of  Parks  for  the 
Borough  of  The  Bronx.  Fishing  may  be  allowed  in  the  lakes 
of  Prospect  Park  under  permits  granted  by  the  Commis- 
sioner having  jurisdiction. 

11.  All  drunken,  disorderly  or  improper  persons,  and  all 
persons  doing  any  act  injurious  to  such  parks,  parkways, 
squares  or  places,  shall  be  removed  therefrom  by  the  park- 
keeper  or  police  in  charge  thereof.  When  necessary  to  the 
protection  of  life  or  property,  the  officers  and  keepers  of 
the  park  may  remove  all  persons  from  any  designated  part 
thereof. 

12.  No  animal  or  vehicles  shall  be  permitted  to  stand,  nor 
any  incumbrance  of  any  kind  be  allowed  to  remain  upon 
any  street  adjacent  to  or  bounding  upon  any  public  square 
or  place  in  The  City  of  New  York,  under  the  jurisdiction  of 
the  Department  of  Parks,  without  permission  of  the  Com- 
missioner for  the  boroughs  within  located,  except  that 
vehicles  may  be  permitted  to  take  up  and  set  down  passen- 
gers, and  to  load  and  unload  merchandise  in  the  usual  man- 
ner, and  may  occupy  the  street  a  reasonable  time  for  the 
purpose;   provided,  however,  that  they  shall  not,  while  sp 


264  CODE  OF   OBDINANCES   OF  THE   CITY  OF  NEW  YORK. 

doing",  unnecessarily  incumber  the  street  or  obstruct  travel 
therein. 

13.  No  one  shall  throw  stones  or  other  missiles,  nor  beg 
or  publicly  solicit  subscriptions  or  contributions,  nor  tell 
fortunes,  nor  play  g-ames  of  chance  or  with  any  table  or 
instrument  of  g-aming,  nor  make  any  harangue,  nor  climb 
upon  any  wall,  fence,  shelter,  seat,  statue  or  other  erection 
within  such  public  parks,  parkways,  squares  or  places  within 
The  City  of  New  York. 

14.  No  automobile  or  horseless  vehicle  shall  be  driven 
upon  or  over  the  drives  of  such  public  parks,  parkways, 
squares  or  places  at  a  greater  speed  than  eight  miles  an 
hour.     (Id.,  sec.  14,  as  amend.  June  22,  1905.) 

15.  No  fence  in  or  about  any  land  fronting  upon  or 
adjacent  to  any  public  park,  parkway,  square  or  place  in 
The  City  of  New  York,  shall  be  erected  until  a  plan,  showing 
the  height,  character  and  method  of  construction  of  the 
proposed  fence,  has  been  submitted  to  the  Commissioner  of 
Parks  having  jurisdiction,  and  approved  by  him,  and  a 
permit  in  writing  issued  therefor. 

16.  No  poster  or  advertising  device  shall  be  placed  upon 
any  fence  or  other  structure  used  for  advertisement  or  the 
exhibition  in,  about  or  upon  any  land  fronting  upon  or 
adjacent  to  any  public  park,  parkway,  square  or  place  in 
The  City  of  New  York,  until  a  description  or  a  drawing  of 
the  same  shall  be  filed  with  the  Commissioner  of  Parks 
having  jurisdiction,  and  approved  by  him,  and  a  permit  in 
writing  issued  therefor. 

This  permit  was  held  to  be  a  reasonable  license  in  McNamara  vs. 
Wilcox,  73  App.  Div.  451,  and  held  illegal  in  Tompkins  vs.  Pallas, 
47  Misc.  Rep.  309,  aff.  81  App.  Div.  635  and  176  N.  Y.  573. 

17.  Owners  of  fences  or  other  structures  now  existing  in, 
about  or  upon  lands  fronting  upon  or  adjacent  to  any  park, 
parkway,  square  or  place  in  The  City  of  New  York  used  for 
advertising  or  exhibition  of  advertisements,  shall  not  modify 
or  alter  such  structures  or  the  advertising  device  placed 
thereon  until  a  written  application  has  been  made  to  the 
Commissioner  having  jurisdiction  over  the  same,  requesting 
his  permission  for  the  said  alteration  or  modification,  which 
shall  be  fully  described  in  the  said  application,  and  the 
necessary  permit  obtained  therefor. 

18.  No  military  or  target  company,  or  civic  or  other  pro- 
cession, shall  be  allowed  to  parade,  drill  or  perform  upon 
any  of  the  parks,  parkways,  squares  or  public  places,  with- 
out permission  from  the  Commissioner  of  Parks  having 
jurisdiction,  except  in  the  case  of  the  use  of  Van  Cortlandt 
parade  ground  in  Van  Cortlandt  Park  and  the  parade  ground 
adjacent  to  Prospect  Park,  by  the  National  Guard  of  the 
State  of  New  York. 

19.  No  automobile,  stage  or  other  vehicle  shall  be  allowed 
to  carry  passengers  for  hire  over  or  upon  any  of  the  parks, 
parkways  or  drives,  concourses,  plazas  or  circles,  under  the 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  265 

control  of  the  Department  of  Parks,  excepting  upon  traffic 
roads  and  except  by  special  permission  of  the  Commissioner 
having  jurisdiction. 

20.  It  shall  be  unlawful  for  the  owner  or  operator  of  any 
automobile  or  other  vehicle  to  stop  near  any  of  the  music 
stands  or  other  places,  in  or  about  any  of  the  parks,  park- 
ways, plazas,  concourses,  circles  or  squares,  of  the  said 
Department  of  Parks,  where  any  number  of  persons  are 
accustomed  to  congregate,  or  where  such  automobiles  would 
be  a  source  of  danger  to  life  and  limb,  except  by  permission 
of  the  Commissioner  having  jurisdiction. 

21.  No  garbage,  ashes,  manure  or  other  offensive  material, 
is  to  be  carried  over  any  of  the  parkways  or  through  such 
parks,  circles,  squares  or  concourses,  except  upon  traffic 
roads  set  apart  for  such  purpose.  When  such  refuse  is  to  be 
removed  from  residences  fronting  on  any  of  the  above  park- 
ways, fete,  the  vehicles  collecting  such  refuse  must  leave  the 
parkway  as  soon  as  such  collection  is  accomplished,  and 
within  the  time  prescribed  by  the  Commissioner  having 
jurisdiction. 

No  earth,  sand  or  broken  stone  is  to  be  carted  over  any 
of  the  parkways,  except  on  traffic  roads,  unless  special 
permit  for  the  same  is  obtained  from  the  Commissioner 
having  jurisdiction. 

22.  It  shall  not  be  lawful  to  modify,  alter,  or  in  any 
manner  interfere  with  the  lines  or  grades  of  any  of  the 
aforesaid  parks,'  parkways,  concourses,  circles,  squares, 
avenues,  roads,  streets,  entrances  or  approaches  under  the 
jurisdiction  of  the  said  Department  of  Parks,  nor  to  take 
up,  move  or  disturb  any  of  the  curb  and  gutter-stones, 
flagging,  trees,  tree-boxes,  railing,  fences,  sod,  soil  or  gravel, 
or  to  go  upon  or  cross  said  parks,  parkways,  concourses, 
circles,  squares,  roads,  streets  or  avenues,  except  by  the 
means  and  in  the  manner  provided  therefor;  nor  shall  it  be 
lawful  to  open  or  otherwise  expose  or  interfere  with  any  of 
the  water,  gas  and  sewer  pipes,  or  any  of  the  hydrants,  stop- 
cocks, basins  or  other  construction  within  or  upon  said 
places,  nor  to  take  any  water  or  gas  therefrom,  nor  to  make 
any  connection  therewith,  except  by  special  written  consent 
of  the  Commissioner  having  jurisdiction,  and  where  such 
consent  is  given,  a  deposit  of  money  may  be  required  to 
insure  the  restoration  of  the  said  curbs,  gutters,  flagging,  etc. 

23.  No  person  in  bathing  costume  will  be  permitted  to 
walk  or  ride  upon  any  parks,  parkways  or  beaches,  except 
Pelham  Bay  Park,  under  the  jurisdiction  of  the  Department 
of  Parks.  No  boat  or  vessel  shall  be  placed  upon  any  of 
the  waters  of  the  said  parks,  except  by  special  permission 
from  the  Commissioner  having  jurisdiction.  No  skating  or 
sledding  will  be  allowed  on  the  lakes  unless  the  ice  is 
declared  by  the  Commissioner  having  jurisdiction  to  be  in  a 
suitable  condition  for  that  purpose. 


266  CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

24.  No  one  shall  fire  or  carry  any  firearm,  firecracker, 
torpedo  or  fireworks,  nor  make  a  fire,  nor  make  any  oration, 
nor  conduct  any  religious  or  other  meeting  or  ceremony 
within  any  of  the  parks,  parkways,  squares  or  places  in  The 
City  of  New  York  under  the  jurisdiction  of  the  Department 
of  Parks  without  special  permission  from  the  Commissioner 
having  jurisdiction. 

25.  No  one  shall  enter  or  leave  the  parks  except  at  the 
established  entranceways;  nor  shall  any  one  enter  or  remain 
therein  after  twelve  o'clock  at  night,  except  as,  on  special 
occasions,  use  thereof  may  be  authorized  beyond  the  regular 
hours. 

26.  The  drivies  shall  be  used  only  by  persons  in  pleasure 
vehicles,  on  bicycles,  or  on  horseback;  the  bridle-paths  only 
by  persons  on  horseback.  Animals  to  be  used  on  either  shall 
be  well  broken,  and  constantly  held  in  such  control  that  they 
may  be  easily  and  quickly  turned  or  stopped;  they  shall  not 
be  allowed  to  move  at  a  rate  of  speed  on  the  drives  or  bridle- 
paths of  more  than  eight  miles  an  hour;  and  when  it  shall 
be  deemed  necessary  to  safety,  good  order,  or  the  general 
convenience  that  the  speed  of  an  animal  or  vehicle  should 
be  checked,  or  that  it  should  be  stopped,  or  its  course 
altered,  and  the  officers  on  duty  shall  so  direct,  by  gesture 
or  otherwise,  such  direction  shall  be  obeyed;  and  no  horse 
or  other  beast  of  burden  nor  automobile  shall  be  driven 
or  suffered  to  stand  anywhere  except  on  the  drive  or 
bridle-path. 

27.  No  hackney  coach  or  other  vehicle  for  hire  shall  stand 
within  the  public  parks,  parkwaj^s,  squares  or  places  under 
the  jurisdiction  of  the  Department  of  Parks  for  the  purpose 
of  taking  up  passengers,  other  than  those  whom  it  has 
brought  in,  excepting  with  the  permission  of  the  Commis- 
sioner having  jurisdiction.  No  public  omnibus  or  express 
wagon,  and  no  wagon,  cart  or  other  vehicle,  carrying  or 
ordinarily  used  to  carry  merchandise,  goods,  tools  or  rub- 
bish shall  enter  such  public  parks,  parkways,  squares  or 
places  without  permission  of  the  Commissioner  having  juris- 
diction, excepting  upon  traffic  roads  provided  for  the  pur- 
pose. No  fire  engine  or  other  apparatiis  on  wheels  for 
extinguishing  fire  shall  enter  or  be  allowed  upon  any  part  of 
the  park  excepting  the  Transverse  and  Traffic  roads. 

28.  No  military  or  target  company  and  no  civic,  funeral  or 
other  procession,  or  a  detachment  of  a  procession,  and  no 
hearse  or  other  vehicle,  or  person  carrying  the  body  of  a 
dead  person  shall  enter  or  be  allowed  on  any  part  of  the 
public  parks,  except  by  the  permission  of  the  Commissioner 
having  jurisdiction. 

29.  No  person  shall  bring  into  or  carry  within  the  parks 
any  tree,  shrub,  plant  or  flower,  nor  any  newly  plucked 
branch  or  portion  thereof  without  a  permit  from  the  Com- 
missioner having  jurisdiction, 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  267 

30.  No  person  shall  solicit  passengers  for  any  coach  or 
other  vehicle  for  hire  within  or  upon  any  of  the  parks,  park- 
ways, squares  or  places  within  the  jurisdiction  of  the 
Department  of  Parks.  All  drivers  or  attendants  of  vehicles 
for  hire  standing  upon  or  within  any  such  parks,  parkways, 
squares  or  places  shall  remain  in  close  proximity  to  their 
vehicles  while  so  standing,  and  shall  not  follow,  solicit  or 
importune  any  person  entering  or  leaving  the  said  parks, 
parkways,  squares  or  places. 

Ordinances  Relating  to  the  Use  of  Yehicles  in  the  Public  Parks, 
Parkways  and  Streets  Under  the  Jurisdiction  and  Control  of 
the  Commissioners  of  Parks  of  The  City  of  New  York. 

1.  All  vehicles  must  carry  a  lighted  lamp,  showing  a  white 
light  ahead,  from  thirty  minutes  after  sunset  until  thirty 
minutes  before  sunrise. 

2.  All  vehicles  and*  horsemen  when  passing  another 
vehicle  or  horseman  going  in  the  same  direction,  must  keep 
to  the  left  and  leave  the  vehicle  or  horseman  they  are 
passing  on  the  right  hand. 

3.  All  vehicles  or  horsemen  going  at  a  walk  or  slow  trot 
must  keep  near  the  curbstone  or  gutter  on  the  right  hand 
side  of  the  road;  those  going  more  rapidly  must  keep  nearer 
the  middle  of  the  road. 

4.  No  vehicle  shall  stop  for  any  purpose  without  drawing 
up  to  the  curbstone  or  gutter,  and  always  on  the  right  hand 
side  of  the  road. 

5.  Before  pulling  up  and  before  crossing  from  one  side  to 
the  other  of  the  road  or  street  the  driver  should  signal  to 
those  behind  him  by  raising  his  whip. 

6.  On  all  drives  and  parkways  where  grass  plots  divide 
the  drive,  all  vehicles  and  horsemen  must  keep  on  the  right 
hand  side  drive  or  bridle-path. 

7.  Drivers,  riders  and  cyclists  must  not  exceed  a  speed  of 
eight  miles  an  hour  in  the  parks  and  parkways. 

8.  Cyclists  must  not  coast  in  the  parks,  nor  on  the  park- 
ways, or  bridle-paths,  and  must  keep  their  feet  on  the 
pedals  and  their  hands  on  the  handle  bars. 

9.  Cyclists  must  not  mount  or  dismount,  except  on  the 
extreme  right  of  the  roads  or  bicycle  paths. 

10.  All  bicycles,  tricycles,  velocipedes  or  other  vehicles 
of  propulsion  must  be  provided  with  a  bicycle  bell,  not  to 
exceed  three  inches  in  diameter. 

11.  Riding  more  than  two  abreast  is  prohibited. 

12.  Instruction  in  operating  automobiles,  bicycles,  tri- 
cycles, velocipedes  or  other  such  vehicles  of  propulsion,  and 
all  trick  or  fancy  riding  on  the  same,  is  prohibited  in  the 
parks  and  parkways  at  all  times. 

13.  Wheelmen  shall  not  ride  on  the  paths  in  any  park; 
those  walking  upon  the  park  paths  may  push  their  wheels 


268  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

along  said  paths,  but  in  no  case  shall  the  wheels  be  taken 
upon  the  turf. 

14.  The  delivery  of  supplies  to  the  residences  of  West 
Seventy-second  street,  West  Eighty-sixth  street.  Riverside 
drive.  West  End  avenue  north  of  Seventieth  street.  Cathedral 
parkway  and  Morningside  avenue  West,  in  Manhattan,  and 
the  Shore  road  in  Brooklyn,  will  be  permitted  in  the  fore- 
noon, but  no  business  vehicles  shall  enter  upon  or  pass  over 
said  parkways  after  the  hour  of  noon,  except  by  special  per- 
mission of  the  Commissioner  having  jurisdiction.  In  passing 
over  the  said  parkways,  business  vehicles  must  go  direct  to 
place  of  delivery,  must  leave  the  said  parkways  without 
unnecessary  delay,  and  by  the  shortest  route  —  the  place  of 
entry,  if  possible.  The  said  parkways  must  not  be  used  to 
enable  business  vehicles  to  reach  places  exterior  to  them. 

As  to  West  End  avenue,  see  ordinance  in  effect  March  20,  1906, 
infra. 

Ordinances  Applying  to  the  Harlem  River  Driveway. 

1.  The  use  of  the  Speedway  is  restricted  to  light  vehicles 
of  the  classes  known  as  buggies,  runabouts,  surreys  and 
other  like  vehicles  adapted  to  the  speeding  of  light  harness 
horses,  seating  not  more  than  four  persons  and  drawn  by 
one  or  two  horses,  except  by  permission  of  the  Commissioner 
having  jurisdiction.  Exercising  carts  may  be  used  until  one 
P.  M.  only. 

2.  Speeding  on  Sundays  and  holidays,  and  after  three 
o'clock  P.  M.  on  other  days,  will  be  permitted  in  one  direc- 
tion—  from  north  to  south  only. 

Turning  is  forbidden  except  at  the  ends  of  the  driveway 
and  at  the  bridges. 

3.  When  not  speeding,  drivers  must  keep  closely  to  the 
right  hand  side  of  the  road  and  keep  moving. 

4.  Pedestrians  must  not  cross  on  the  Speedway;  subways 
are  provided  for  that  purpose. 

5.  Loud  shouting  to  make  horses  break  or  to  urge  them 
on  is  strictly  forbidden. 

6.  The  use  of  hobbles,  or  other  similar  device  or  appa- 
ratus to  fetter  or  connect  the  legs  of  horses,  for  the  purpose 
of  restricting  or  hampering  their  motion  or  gait,  is  forbidden 
upon  the  Harlem  river  driveway. 

Rules  and  Regulations  for  EstaUisMng  Limits  of  Projection  for 
Constructions  on  the  Line  of  Riverside  Drive. 
1.  No  structure  or  construction  of  any  description  or 
any  part  thereof  shall  be  placed  or  permitted  on  or  under 
Riverside  drive  until  working  plans  in  duplicate,  drawn  to 
a  scale  of  one-quarter  inch  to  the  foot,  shall  have  been 
filed  with  the  Department  of  Parks,  with  an  application  for 
the  erection  or  construction  of  the  said  structure;  said  draw- 
ings to  show  elevations,  floor  plans  and  vertical  sections  of 
the    extent    of    projections,    and    that    the    applicant    has 


CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  269 

received  permission  to  erect  the  said  projection,  as  shown 
on  drawings  from  the  Department  of  Parks. 

A  (a)  Stoops  or  steps,  courtyards  and  areas,  or  any  part 
or  appurtenance  thereof  shall  not  project  in  the  avenue 
beyond  the  building  line  to  the  extent  of  more  than  five  feet 
where  the  sidewalk  is  sixteen  feet  wide,  seven  feet  where  the 
sidewalk  is  twenty  feet  wide,  eight  feet  where  the  sidewalk 
is  twenty-five  feet  wide,  and  in  proportion  to  the  above 
where  the  sidewalk  is  between  sixteen  and  twenty  feet  or 
between  twenty  and  twenty-five  feet. 

(b)  No  stoop  or  steps  shall  be  covered,  except  over  the 
landing  or  platform  at  the  top,  nor  shall  they  be  inclosed 
except  by  an  open  railing  not  more  than  four  feet  in  height. 

B  (a)  Bay  windows  shall  not  project  in  the  avenue  beyond 
the  building  line  to  the  extent  of  more  than  four  feet. 

(b)  Bay  windows,"  when  allowed  to  project  in  the  avenue, 
shall  not  occupy  longitudinally  with  the  avenue  more  than 
two-thirds  of  the  width  of  the  building  from  which  they 
project. 

C  (a)  No  balcony,  cornice  or  ornament  shall  project  in 
the  avenue  beyond  the  house  line  to  the  extent  of  more  than 
four  feet. 

(b)  No  balcony  shall  be  inclosed  on  the  front  or  side, 
except  by  a  railing  not  over  four  feet  in  height. 

D.  No  vault  or  other  construction  below  the  sidewalk 
shall  be  built  except  in  such  manner  as  shall  leave  the 
sewers,  gas  and  water  pipes,  or  space  proposed  to  be  occu- 
pied by  the  same,  free  and  uninclosed  and  in  safe  condition, 
nor  in  any  case  to  extend  in  the  clear  beyond  the  curb  line. 

The  exclusive  jurisdiction  of  the  Department  of  Parks  over 
Riverside  avenue  was  sustained  in  Ackerman  vs.  True,  175 
N.   Y.   353. 

Ordinance  Adopted,  Pursuant  to  Chapter  453  of  the  Laws  of  1902. 

1.  No  shade  or  ornamental  tree  or  shrub  shall  be  planted 
in  any  of  the  streets,  avenues  or  public  thoroughfares  of 
The  City  of  New  York  until  such  tree  or  shrub  shall  have 
been  first  approved  by  a  duly  appointed  employee  or  expert 
of  the  Commissioner  having  jurisdiction,  and  a  permit 
granted  therefor. 

2.  No  holes  or  excavation  shall  be  prepared  for  planting 
any  tree  or  shrub  unless  sufficient  mould  of  satisfactory 
quality  shall  be  used,  and  a  duly  appointed  employee  or 
expert  of  the  Department  of  Parks  shall  report  that  the 
conditions,  such  as  the  absence  of  poisonous  gas  and  dele- 
terious substances,  have  been  made  satisfactory  and  a  per- 
mit granted  therefor. 

3.  No  stem,  branch  or  leaf  of  any  such  tree  or  shrub  shall 
be  cut,  broken  or  otherwise  disturbed  until  a  permit  has 
been  granted  by  the  Commissioner  having  jurisdiction. 

4.  No  root  of  any  such  tree  or  shrub  shall  be  disturbed 
or  interfered  with  in  any  way  by  any  individual  or  any 
officer  or  emploj'ee  of  a  public  or  private  corporation  until 


270  CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

a  permit  shall  have  been  issued  therefor  by  the  Cominis- 
sioner  having  jurisdiction. 

5.  The  surface  of  the  ground  w^ithin  three  feet  of  any 
tree  or  shrub  growing  on  any  street,  avenue  or  other  public 
thoroughfare  shall  not  be  cultivated,  fertilized,  paved,  or 
given  any  treatment  whatever,  except  under  permit  granted 
of  the  Commissioner  having  jurisdiction. 

6.  It  shall  not  be  lawful  to  attach  or  maintain  any  guy 
rope,  cable  or  other  contrivance  to  any  tree  or  shrub,  or  to 
use  the  same  in  connection  with  any  banner,  transparency, 
or  any  business  purpose  whatever,  except  under  a  permit 
from  the  Commissioner  having  jurisdiction. 

7.  It  shall  not  be  lawful  to  cut,  deface,  mutilate,  or  in 
any  way  misuse,  any  tree  or  shrub,  nor  shall  any  horse  or 
other  animal  be  permitted  to  stand  in  a  manner  or  position 
where  it  may  or  shall  cut,  deface  or  mutilate  any  tree  or 
shrub,  nor  shall  any  building  material  or  other  material  of 
any  kind  or  any  debris  be  piled  or  maintained  against  any 
tree  or  shrub. 

8.  It  shall  not  be  lawful  to  attach  or  string  any  electric 
or  other  wire,  or  to  adjust  or  carry  the  same  into  or  over 
any  park  or  parkway,  except  under  a  permit  from  the 
Commissioner  having  jurisdiction. 

9.  Any  person  violating  the  foregoing  ordinances  of  chap- 
ter 453  of  the  Laws  of  1902,  shall  be  guilty  of  a  misdemeanor, 
and  shall  on  conviction  thereof  before  a  city  magistrate  be 
punished  by  a  fine  not  exceeding  fifty  dollars,  or  in  default 
of  payment  of  such  fine,  by  imprisonment  not  exceeding 
thirty  days. 

Rules  and  Regulations  Relating  to  Projections  and  Line  of  Curh 
and  Surface  Constructions,  Under  Provisions  of  Section  612 
of  the  Greater  New  York  Charter^  as  Amended  hy  Chapter  723 
of  the  Laws  of  1901. 

1.  Each  Commissioner  may  grant  permits  for  the  erection 
and  maintenance  of  projections  on  any  park,  parkway, 
square  or  public  place  in  his  jurisdiction,  and  on  all  streets 
and  avenues  within  a  distance  of  350  feet  from  the  outer 
boundaries  thereof,  upon  such  terms  and  conditions  and 
upon  the  making  of  such  compensation  to  the  city  as  in  his 
discretion  he  may  determine  with  respect  to  the  particular 
locality. 

2.  Where  permits  have  heretofore  been  granted  upon  the 
making  of  compensation  and  a  new  permit  is  desired  to  cor- 
rect any  irregularity,  defect  or  supposed  want  of  jurisdic- 
tion in  the  granting  of  such  permit,  a  new  permit  may  be 
granted  without  the  making  of  further  compensation. 

3.  Each  Commissioner  may  determine  the  line  of  curb 
and  the  surface  constructions  of  all  streets  and  avenues 
lying  within  any  park,  parkway,  square  or  public  place  in 
his  jurisdiction  or  within  a  distance  of  350  feet  from  the 
outer  boundaries  thereof  as  he  may  deem  advisable  accord- 


CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  271 

ing  to  the  particular  locality,  and  best  calculated  to  maintain 
the  beauty  and  utility  of  such  parks,  parkways,  squares  and 
public  places. 

4.  All  applications  for  the  privilege  of  erecting-  bay  win- 
dows or  other  house  projections  shall  be  made  to  the  Com- 
missioner in  whose  administrative  jurisdiction  the  park  or 
parkway  affected  lies,  who  may  in  his  discretion  grant  the 
same  upon  payment  of  a  fee  to  be  determined  in  each  case 
by  said  Commissioner. 

5.  Working  plans  in  duplicate,  drawn  to  a  scale  of  one- 
quarter  inch  to  the  foot,  shall  be  required  to  accompany 
each  application,  showing  elevation,  plans  and  vertical  sec- 
tion of  extent  of  projection,  one  copy  of  which  will  be  filed 
in  the  office  of  the  Commissioner  having  jurisdiction,  and 
one  other  shall  be  returned  to  the  applicant  for  filing  in  the 
Department  of  Buildings,  with  the  approval  of  said 
Commissioner. 

6.  No  permit  will  be  granted  to  cover  more  than  four  feet 
of  projection  beyond  the  house  or  building  line,  nor  shall 
the  projections  occupy  longitudinally  with  the  street  or 
avenue  more  than  two-thirds  of  the  width  of  the  building 
from  which  they  project. 

Affecting  Central  Park  and  Fifth  Avenue,  Manhattan. 

1.  Owners  of  property  on  the  easterly  side  of  Fifth  ave- 
nue, between  Fifty-eighth  and  One  Hundred  and  Eleventh 
streets,  are  permitted  to  inclose,  for  courtyard  purposes, 
and  not  otherwise,  fifteen  feet  of  the  sidewalks  adjacent  to 
and  in  front  of  their  respective  lots;  and  the  stoops  of 
buildings  erected  on  said  avenue  may,  in  such  cases,  project 
to  the  extent  of  such  courtyards;  provided  further,  that  such 
stoops  shall,  in  every  instance,  be  open  above  the  railing  or 
balustrade  thereof,  and  the  form,  size  and  character  thereof, 
together  with  the  form,  size  and  character  of  the  area  rail- 
ings, shall  be  subject  to  the  approval  of  the  Commissioner 
having  jurisdiction;  and  provided  further,  that  no  stoop  or 
area  railing  shall  be  constructed  or  put  upon  said  Fifth  ave- 
nue, or  upon  any  of  the  streets  or  avenues  surrounding  said 
park,  within  the  boundaries  first  above  mentioned,  until  the 
plan  thereof  has  been  submitted  to  and  approved  by  the 
said  Commissioner. 

2.  No  more  than  four  horses  shall  be  allowed  to  be  driven 
together  in  the  parks  of  the  Borough  of  Manhattan,  and 
then  only  when  attached  to  private  vehicles,  except  by 
special  permit. 

3.  No  person  shall  go  on  the  turf  without  the  permit  of 
the  Commissioner  having  jurisdiction  except  when  and  where 
a  blue  flag  with  a  white  star  is  shown  as  an  indication  that 
at  that  time  and  place  all  persons  are  allowed  to  go  on  it. 

4.  No  bicycle  or  tricycle  shall  be  allowed  to  be  taken 
upon  or  remain  on  the  Mall  in  Central  Park  during  the 
progress  of  a  concert,  , 


272  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

Rules  Relating  to  Park  Conservatories. 

1.  The  conservatories  will  be  open  daily  between  ten 
A.  M.  and  four-thirty  P.  M. 

2.  Visitors  on  entering  will  keep  to  the  right  in  order  to 
avoid  crowding. 

3.  Any  person  found  pilfering  flowers  or  leaves  or  causing 
damage  to  the  buildings  or  plants  will  be  arrested  and 
punished. 

4.  No  intoxicated,  noisy  or  disorderly  persons  will  be 
admitted. 

5.  Children  under  eight  years  of  age  will  not  be  admitted 
except  when  accompanied  by  parents  or  guardians. 

6.  No  dogs  will  be  allowed  inside  the  buildings  or  on  the 
grounds. 

7.  The  scattering  of  paper  or  refuse  inside  the  buildings 
or  on  the  grounds  is  prohibited. 

8.  Any  incivility  on  the  part  of  employees  should  be 
reported  to  the  Commissioner  having  jurisdiction.  Visitors 
are  requested  not  to  engage  in  unnecessary  conversation 
with  employees. 

9.  Fifteen  minutes  before  closing  time  visitors  will  be 
warned  by  the  call  "All  out." 

10.  No  person  will  be  permitted  in  a  house  or  wing  of  the 
conservatory  which  is  shown  to  be  closed. 

11.  No  smoking  will  be  allowed. 

12.  Loud,  indecent  or  noisy  language  is  strictly  prohibited. 

Rules  and  Regulations  Relating  to  the  New  York  Botanical  Garden 
in  Bronx  Park. 

1.  The  picking  of  flowers,  leaves,  fruits,  nuts,  or  the 
breaking  of  branches  of  any  plants  either  wild  or  cultivated, 
the  uprooting  of  plants  into  or  from  the  grounds  of  the 
Garden,  are  prohibited,  except  by  written  permission  of  the 
Director-in-Chief  of  the  Garden. 

2.  Leaving  or  depositing  paper,  boxes,  glass  or  rubbish 
of  any  kind  within  the  grounds  of  the  Garden  is  forbidden. 

3.  Dogs  are  not  allowed  within  the  limits  of  the  Garden 
except  in  leash. 

4.  It  is  forbidden  to  take  fish  from  within  the  Garden,  or 
to  molest  in  any  way  squirrels,  birds,  snakes,  frogs,  toads, 
turtles  or  any  other  wild  animals. 

5.  Throwing  stones  or  other  missiles,  playing  ball,  foot- 
ball, tennis  or  any  other  game  is  prohibited. 

6.  It  is  forbidden  to  offer  for  sale  food,  candy,  news- 
papers, books,  tobacco,  beverages,  flowers  or  other  objects, 
without  permission  from  the  Director-in-Chief  and  the  Com- 
missioner of  Parks  for  the  Borough  of  The  Bronx. 

7.  Boating  or  rafting  on  the  ponds,  lakes  and  streams  is 
forbidden. 

8.  Trucking,  or  the  driving  of  business  wagons  of  any 
kind,  is  forbidden  on  the  roads  of  the  Garden,  except  those 
designated  for  such  purposes. 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  273 

9.  It  is  forbidden  to  accept  or  solicit  passengers  for  any 
cab,  carriage  or  other  conveyance  at  any  point  within  the 
grounds  of  the  Garden  without  written  permission  from  the 
Director-in-Chief  of  the  Garden  and  the  Commissioner  of 
Parks  designated  for  the  Borough  of  The  Bronx. 

10.  Visitors  are  not  allowed  within  the  Garden  after 
eleven  o'clock  at  night  nor  before  six  o'clock  in  the  morning 
except  upon  driveways  and  paths  designated  for  their  use 
between  those  hours. 

Ordinances  Applicable  to  the  Ordinary  Use  of  the  Ocean  Boulevard, 
the  Eastern  Parkway  and  the  Speedway  in  the  Boroughs  of 
Brooklyn  and  Queens. 

Light  harness  driving  on  the  Speedway,  Ocean  Parkway 
(Ocean  Parkway,  between  Bay  Parkway  and  Kings  Highway) 
shall  not  be  restricted  as  to  speed  between  the  hours  of  sun- 
rise and  sunset;  speeding,  however,  is  only  to  be  permitted 
from  Bay  Parkway  toward  Coney  Island,  and  drivers  shall 
be  compelled  to  observe  the  rules  of  the  road.  Automobiles 
will  not  be  permitted  on  the  Speedway,  but  must  take  the 
west  road  on  the  Ocean  Parkway,  between  Bay  Parkway 
and  Kings  Highway,  at  all  times. 

Business  wagons,  trucks,  etc.,  heavy  or  light,  are  prohib- 
ited from  using  the  main  drive  of  the  Ocean  Parkway,  and 
must  use  the  west  road  at  all  times.  Business  wagons, 
trucks,  etc.,  must  use  the  block  pavement  at  either  side  of 
the  m.ain  road  or  the  traffic  roads  of  the  Eastern  Parkway. 

See  ord.  app.  Feb.  28,  1906,  infra. 

Prospect  Park. 

1.  All  lawns  in  Prospect  Park  are  commons,  and  may  be 
used  as  such,  except  those  restricted  by  special  order,  and 
such  restricted  sections  plainly  indicated  by  proper  signs. 

Coney  Island  Cycle  Path. 

Cyclists  must  use  the  west  path  when  going  toward  Coney 
Island  and  the  east  path  in  returning. 

Cyclists  must  not  exceed  a  speed  of  twelve  miles  an  hour 
on  the  bicycle  paths. 

Racing  on  the  bicycle  paths  is  prohibited,  except  by  special 
permission  of  the  Commissioner  having  jurisdiction. 

Horses,  wagons,  carriages  and  pedestrians  must  not  use 
the  bicycle  paths. 

All  ordinances  or  parts  of  ordinances  heretofore  adopted 
affecting  the  parks,  parkways  and  public  places  of  The  City 
of  New  York  under  the  jurisdiction  of  the  Department  of 
Parks  inconsistent  with  or  in  conflict  with  the  ordinances 
above  set  forth  are  hereby  repealed. 

All  of  the  foregoing  sections,  comprising:  chapter  16  of  this 
Code,  were  adopted  as  Park  Ordinances  on  March  14,  1904.  Park 
ordinances  held  reasonable  in  Matter  of  Wrig-ht,  29  Hun,  357; 
Baldwin  vs.  Park  Com'rs,  N.  Y.  Daily  Reg.  April  8,  1891. 

18 


274  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YOEK. 

PAET  n. 

Ordinances  Afecting  that  Part  of  the  City  of  "New  York  Included 
Within  the  Borough  of  Manhattan. 

Chapteb  1. —  Sales  of  Commodities,  Etc. 

Article  I. —  Peddlers,  Tenders,  Hawkers. 

Section  1.  No  licensed  peddler,  vender,  hawker  or  huck- 
ster shall  permit  any  cart,  wagon  or  vehicle,  owned  or  con- 
trolled by  him  or  her,  to  stop,  remain  upon  or  otherwise 
incumber  any  street,  avenue  or  highway  for  a  longer  period 
than  thirty  minutes  at  one  time  on  any  one  block.  Nor  shall 
any  such  peddler,  vender,  hawker  or  huckster  stand  in  front 
of  any  premises,  the  owner  of  or  the  lessee  of  the  ground 
floor  thereof  objecting  thereto.  At  the  expiration  of  the 
thirty  minutes  aforesaid,  any  vender,  with  or  without  a  bas- 
ket, cart,  wagon,  or  vehicle  must  be  removed  to  a  point  at 
least  one  block  distant.     (K.  O.  1897,  sec.  525.) 

§  2.  No  licensed  peddler,  vender,  hawker  or  huckster  shall 
permit  his  or  her  cart,  wagon  or  vehicle  to  stand  on  any 
street,  avenue  or  highway  within  twenty-five  feet  of  any 
corner  of  the  curb,  nor  within  ten  feet  of  any  other  peddler, 
vender,  hawker  or  huckster.     (Id.,  sec.  526.) 

§  3.  No  licensed  peddler,  vender,  hawker  or  huckster  shall 
use  any  part  of  a  sidewalk  or  crosswalk  for  conducting  his 
or  her  business,  and  shall  not  cast  or  throw  any  thing  or 
article  of  any  kind  or  character  upon  the  street,  nor  inter- 
fere with  or  prevent  to  any  degree  the  Street  Cleaning 
Department  from  sweeping  or  cleaning,  or  from  gathering 
street  sweepings,  etc.,  from  the  streets  or  avenues.  (Id., 
sec.  527.) 

§  4.  No  licensed  peddler,  vender,  hawker  or  huckster  shall 
blow  upon  or  used  any  horn  or  other  instrument  for  the 
purpose  of  giving  notice  of  the  approach  of  any  cart,  wagon 
or  vehicle  in  order  to  sell  thereout  any  article  of  merchan- 
dise.    (Id.,  sec.  528.) 

By  ord.  app.  Aug.  17,  1897,  this  and  the  next  two  sections  are 
made  to  apply  to  all  persons  whether  licensed  or  not.    See  sec.  7. 

§  5.  No  licensed  peddler,  vender,  hawker  or  huckster,  shall 
cry  or  sell  his  or  her  wares  or  merchandise  on  Sunday,  nor 
after  nine  o'clock  P.  M.,  nor  cry  his  or  her  wares  before 
eight  o'clock  in  the  morning  of  any  day  except  Saturdays, 
when  they  shall  be  allowed  to  cry  or  sell  their  wares  or  mer- 
chandise until  eleven-thirty  o'clock  P.  M.  None  of  the  pro- 
visions of  this  section  shall  be  construed  as  regulating  the 
crying  or  hawking  of  newspapers  in  the  territory  comprised 
within  the  Borough  of  Manhattan.  (Id.,  sec.  529,  with  verbal 
changes.) 

§  6.  No  licensed  peddler,  vender,  hawker,  or  huckster 
shall  be  allowed  to  cry  his  or  her  wares  within  250  feet  of 
any  school,   court   house,   church   or  hospital  between   tho 


CODE  OF   OKDINANCES  OF  THE  CITY  OF  NEW  YORK.  275 

hours  of  eight  o'clock  A.  M.  and  four  o'clock  P.  M.,  on  school 
days;  or  stop  or  remain  in  Nassau  street,  between  Spruce 
and  Wall  streets;  or  in  Chambers  street,  between  Broadway 
and  Centre  street;  or  in  Fulton  street,  between  Broadway 
and  Pearl  street;  or  in  Avenue  B,  from  Houston  street  to 
Fourteenth  street;  or  in  Avenue  C,  from  Houston  street  to 
Fourteenth  street;  or  in  Avenue  A,  between  Houston  and 
Seventh  streets;  Park  row,  from  New  Chambers  to  Ann 
street;  Centre  street,  from  New  Chambers  street  to  Park 
row;  and  Nassau  street,  from  Park  row  to  Ann  street,  from 
eight  o'clock  A.  M.  to  six  o'clock  P.  M.  None  of  the  pro- 
visions of  this  section  shall  be  construed  as  regulating  the 
crying  or  hawking  of  newspapers  in  the  territory  comprised 
within  the  Borough  of  Manhattan.  (Id.,  sec.  530,  with 
verbal  changes.    Amend,  by  ord.  app.  Oct.  30,  1906,  infra.) 

§  7.  So  much  of  the  foregoing  sections  as  relate  to  the 
crying  out  of  wares,  or  to  other  means  used  to  attract 
attention,  is  construed  and  made  to-upply  to  all  persons  con- 
ducting business  on  the  public  highways,  or  present  thereon 
for  the  purpose  of  doing  business,  or  performing,  or  offering 
to  perform,  any  work,  labor,  or  services  whatever,  whether 
such  person  be  licensed  or  not.     (Ord.  app.  Aug.  17,.  1897.) 

§  8.  All  licensed  peddlers,  venders,  hawkers  or  hucksters 
who  shall  locate  on  any  street  or  avenue  under  the  pro- 
visions of  this  ordinance,  with  intention  to  remain  thirty 
minutes  or  part  thereof,  shall  use  the  east  and  north  sides 
of  streets  and  avenues  up  to  noon,  and  the  west  and  south 
sides  after  noon  of  any  day  so  using  them.  This  section 
shall  not  apply  to  such  venders  who  are  moving  along  the 
streets,  avenues  or  highways,  without  intention  to  locate  at 
any  one  point  for  thirty  minutes,  or  who  may  be  called  on 
by  the  resident  of  any  building  for  the  purpose  of  making 
a  purchase.     (R.  O.  1897,  sec.  531.) 

§  9.  The  violation  of  any  of  the  foregoing  provisions  of 
this  ordinance,  or  any  part  thereof,  shall  be  deemed  a  mis- 
demeanor, and  the  offender  shall,  upon  conviction,  be  fined 
or  imprisoned,  or  both,  as  provided  by  section  85  of  the 
New  York  City  Consolidation  Act  of  1882.     (Id.,  sec.  532.) 

Article  II. —  WeigMs,  Measurements  and  Quality. 
I  I.   Weighers  of  Hay. 

§  10.  No  person,  except  those  to  whom  the  Mayor  shall 
grant  a  license  under  section  111  of  the  New  York  Consoli- 
dation Act,  shall  erect  or  have  any  scale  or  apparatus  for 
weighing  hay  on  any  avenue  or  public  place  in  the  Borough 
of  Manhattan,  under  a  penalty  of  twenty-five  dollars.  (R.  O. 
1897,  sec.  610,  with  verbal  changes.) 

§  11.  The  Mayor  shall  designate  in  all  licenses  granted  by 
him  the  location  at  which  the  persons  licensed  shall  erect 
their  respective  scales  for  weighing  hay,  and  such  license 
shall  convey  an  authority  and  permission  to  erect  at  sucli 


276  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

location,  under  the  direction  of  the  President  of  the 
Borough,  a  scale  for  weighing  hay,  in  the  mode  previously 
in  use  in  the  former  city  of  New  York.  (Id.,  sec.  611,  with 
verbal  changes.) 

§  12.  The  fee  charged  on  granting  license  shall  be  twenty- 
five  dollars  a  year.     (Id.,  sec.  612.) 

§  13.  In  case  of  weighing  bale-hay,  the  licensed  weighers 
shall  designate  in  the  certificate  given  by  them  the  amount 
of  tare  on  each  bale,  and  shall  legibly  mark  the  amount  of 
said  tare  on  each  bale,  as  well  as  the  gross  weight,  under 
a  penalty  of  ten  dollars  for  each  omission  to  mark  the  said 
tare.     (Id.,  sec.  613.) 

§  14.  No  weigher  of  hay  shall  charge  any  person  applying 
for  his  services  as  such  weigher,  and  for  a  certificate  of  the 
weight  of  any  hay,  more  than  six  cents  on  each  bale  for 
weighing  and  marking  the  same,  and  for  a  certificate 
thereof.     (Id.,  sec.  614.) 

II,   The  Sale  and  Manufacture  of  Bread. 

§  15.  All  bread  baked  and  offered  or  exposed  for  sale  in 
the  Borough  of  Manhattan  shall  be  made  of  good  and  whole- 
some flour  and  meal,  and  sold  by  avoirdupois  weight.  (Id., 
sec.  615,  with  verbal  changes.) 

§  16.  If  any  baker  or  other  person  shall  make  for  sale, 
offer  or  procure  to  be  sold,  any  bread  of  any  other  than 
wholesome  flour  or  meal,  or  shall  sell  the  same  contrary  to 
the  preceding  section  of  this  article,  such  person  shall  for- 
feit and  pay  the  sum  of  ten  dollars  for  every  such  offense. 
(Id.,  sec.  616.) 

§  17.  All  loaf  bread  offered  for  sale  in  this  borough  not 
in  conformity  with  the  provisions  of  this  article  shall  be 
forfeited,  and  shall  and  may  be  seized  and  disposed  of  for 
the  use  of  The  City  of  New  York.  (Id.,  sec.  617,  with  verbal 
changes.) 

III.   Coal. 

§  18.  No  person  shall  unload,  vend  or  expose  for  sale,  any 
charcoal  at  either  of  the  slips  in  front  of  the  public  markets 
of  the  Borough  of  Manhattan,  under  the  penalty  of  ten  dol- 
lars for  every  such  offense.  (Id.,  sec.  619,  with  verbal 
changes.) 

§  19.  In  the  sale  of  anthracite  coal  the  hundred-weight 
shall  consist  of  100  pounds  avoirdupois,  and  twenty  such 
hundred-weight  shall  constitute  a  ton.     (Id.,  sec.  620.) 

IV.   Sale  of  Poultry. 

§  20.  No  turkeys  or  chickens  shall  be  offered  for  sale  in 
the  borough,  unless  the  crops  of  such  turkeys  and  chickens 
are  free  from  food  or  other  substance  and  shrunken  close 
to  their  bodies.  That  all  fowls  exposed  for  sale  in  violation 
of  this  ordinance  shall  be  seized  and  condemned;  such  of 
them    as    shall    be    tainted    shall,    upon    examination,    be 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  277 

destroyed,  and  the  rest  which  is  fit  for  food  shall  be  used  in 
the  public  institutions  of  the  city.     (R.  O.  1897,  sec.  536.) 

§  21.  Every  person  exposing  for  sale  any  chicken  or  tur- 
key in  contravention  of  this  ordinance  shall  be  liable  to  a 
penalty  of  five  dollars  for  each  chicken  or  turkey  so 
exposed  for  sale.     (Id.,  sec.  537.) 

y.   Firewood,  Hay  and  Straw. 

§  22.  No  firewood  shall  be  sold  otherwise  than  according 
to  the  following  regulations,  that  is  to  say:  The  stanchions 
of  each  cart  or  sled  which  shall  be  employed  in  the  carrying 
of  such  wood  shall  be  five  feet  four  inches  high  from  the 
floor  of  the  cart  or  sled,  and  no  higher;  and  the  breadth  of 
such  cart  or  sled  between  the  two  foremost  stanchions  shall 
be  two  feet  five  inches,  and  between  the  two  hindmost 
stanchions  two  feet  nine  inches,  and  no  more;  in  which 
space  between  the  two  stanchions  every  oartman  who  shall 
cart  any  wood  shall  stow  as  much  and  as  close  together  as 
can  conveniently  be  put  or  as  much  of  it  as  v\dll  amount  to 
thirty-seven  feet  ten  inches,  and  two-thirds  of  an  inch  cubic 
measure,  which  shall  constitute  and  be  deemed  a  load,  and 
shall  and  may  be  bought  and  sold  accordingly.     (Id.,  sec.  622.) 

§  23.  No  person  or  persons  shall  buy  or  sell  any  firewood 
contrary  to  the  above  regulations;  and  no  cartman  shall  cart 
any  firewood  brought  to  the  Boroiigh  of  Manhattan  for  sale 
except  in  carts  made  and  constructed  as  by  law  directed  and 
loaded  as  above  mentioned  under  the  penalty  of  five  dollars 
for  each  offense.     (Id.,  sec.  623,  with  verbal  changes.) 

§  24.  No  crooked  wood  shall  be  stowed  in  any  cart  or  sled 
constructed  in  manner  aforesaid  with  other  wood,  but  the 
same  may  be  sold  or  disposed  of  as  refuse  wood,  not  subject 
to  the  above  regulations;  and  if  any  cartman  who  shall  cart 
firewood  shall  put,  or  suffer  to  be  put,  in  his  cart  any  such 
crooked  wood  as  will  prevent  his  cart  from  containing  a 
full  load  between  the  stanchions  thereof,  he  shall  for  every 
load  so  carried  forfeit  the  sum  of  one  dollar.     (Id.,  sec.  624.) 

§  25.  Hereafter  it  shall  not  be  lawful  for  any  person  to 
sell  or  offer  to  sell,  within  the  limits  of  the  Borough  of 
Manhattan,  any  hay  or  straw  by  the  bale,  unless  the  exact 
gross  and  net  weight  shall  be  legibly  and  distinctly  marked 
on  every  such  bale  of  hay  or  straw,  under  a  penalty  of  ten 
dollars  for  each  bale  of  hay  or  straw  so  sold  or  offered  for 
sale  in  contravention  of  the  provisions  of  this  ordinance. 
(Id.,  sec.  623,  with  verbal  changes.) 

Article  III. —  Sales  and  Auctions  in  the  Public  Streets. 

§  26.  Hereafter  it  shall  not  be  lawful  for  any  person  to 
sell  or  offer  for  sale  in  any  of  the  streets,  avenues  or  public 
places  wdthin  the  limits  of  the  Borough  of  Manhattan,  any 
sawdust,  except  in  bags  securely  tied,  which  shall  neither  be 
filled  or  emptied,  nor  the  contents  thereof  permitted  to  be 


278  CODE  01    ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

scattered  or  blown  about  in  any  such  street,  avenue  or  public 
X^lace,  under  a  penalty  of  twenty-five  dollars  for  every  viola- 
tion of  the  provisions  of  this  ordinance.  (Id.,  sec.  635,  with 
verbal  changes.) 

§  27.  No  auctioneer,  or  his  agent  or  servant  or  any  other 
person,  shall  sell  at  auction  or  expose  for  sale  or  lay  or 
place  any  goods,  wares,  merchandise  or  other  thing  in  any 
street,  road,  lane,  highway  or  public  place  in  the  Borough 
of  Manhattan,  unless  such  person  shall  first  obtain  the  con- 
sent or  permission,  in  writing,  of  the  occupant  of  the  lot  or 
building  before  which  such  articles  or  any  part  thereof 
shall  be  placed  or  exposed  for  sale,  under  the  penalty  of 
ten  dollars  for  every  such  ofEense,  to  be  sued  for  and  recov- 
ered from  the  seller,  auctioneer  or  his  agent,  severally  and 
respectively.     (Id.,  sec.  636,  with  verbal  changes.) 

§  28.  No  person  shall  sell  or  expose  for  sale  or  lay  or 
place  in  any  street,  lane,  road,  highway  or  public  place,  at 
any  time  between  the  first  day  of  June  and  the  first  day  of 
November  in  each  year  any  salted  beef  or  pork,  dried  or 
pickled  fish,  blubber,  hides,  cotton  or  wool,  under  the  penalty 
of  ten  dollars  for  each  offense,  to  be  sued  for  and  recovered 
from  the  seller,  auctioneer  or  his  agent,  severally  and 
respectively.     (Id.,  sec.  638.) 

§  29.  Every  article  exposed  for  sale  at  public  auction, 
or  sold  in  any  public  place,  street,  lane,  road  or  highway  in 
the  Borough  of  Manhattan,  shall  be  removed  from  the  same 
by  the  setting  of  the  sun  of  the  day  of  selling  or  exposing 
for  sale,  under  the  penalty  of  ten  dollars  for  each  offense, 
to  be  sued  for  and  recovered  from  the  auctioneer,  his  agent 
or  the  purchaser  thereof,  severally  and  respectively.  (Id., 
sec.  640,  with  verbal  changes.) 

§  30.  No  bellman  or  crier,  nor  any  drum  or  fife,  or  other 
instrument  of  music,  or  any  show-signal  or  means  of  attract- 
ing the  attention  of  passengers  other  than  a  sign  or  flag, 
shall  be  employed  or  suffered  or  permitted  to  be  used  at 
or  near  any  place  of  sale,  or  at  or  near  any  auction  room, 
or  at  or  near  the  residence  of  any  auctioneer,  or  at  or  near 
any  auction  whatsoever,  under  a  penalty  of  ten  dollars  for 
each  offense,  to  be  sued  for  and  recovered  from  the  person 
■using  the  same  and  the  auctioneer  or  his  agent  suffering 
or  permitting  the  same,  severally  and  respectively.  (Id., 
sec.  641.) 

§  31.  No  auctioneer  or  other  person  shall  sell  or  expose 
for  sale  at  public  auction  or  vendue,  any  dry  goods,  hard- 
ware, woodenware  or  tinware,  by  retail  or  in  small  parcels 
or  pieces,  in  any  public  street,  lane,  highway  or  public  place 
in  the  Borough  of  Manhattan  (articles  of  household  furni- 
ture at  the  places  and  as  hereinbefore  provided  alone  ex- 
cepted), under  the  penalty  of  ten  dollars  for  each  offense, 
to  be  sued  for  and  recovered  from  the  seller,  auctioneer  or 
his  agent,  severally  and  respectively.  (Id.,  sec.  642,  with 
Terbal  changes.) 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  279 

§  32.  No  auctioneer  or  his  agent  or  servant  shall  sell  or 
expose  for  sale  at  public  auction  any  goods,  wares,  merchan- 
dise or  other  thing  whatsoever,  to  any  person  or  persons 
who  at  the  time  of  bidding  for  the  same,  or  whilst  examin- 
ing the  same,  shall  be  on  the  sid£walk  or  carriageway  of 
any  of  the  streets  of  the  Borough  of  Manhattan,  under  the 
penalty  of  ten  dollars  for  every  such  offense.  (Id.,  sec.  643, 
with  verbal  changes.) 

§  33.  No  auctionejer  or  his  agent  or  servant,  or  any  other 
person,  shall  lay  or  place,  or  sell  or  expose  for  sale,  any 
article  of  household  furniture  in  any  street  or  public  place 
in  the  Borough  of  Manhattan,  other  than  such  as  is  herein- 
before designated  or  mentioned,  under  the  penalty  of  twenty 
dollars  for  every  such  offense,  to  be  sued  for  and  recovered 
from  the  seller,  auctioneer  or  his  agent  or  servant,  severally 
and  respectively.     (Id.,  sec.  645,  with  verbal  changes.) 

Article  IT. —  Sale  and  DisclKirge  of  Firearms,  Etc. 

§  34.  No  cannon  or  piece  of  artillery  shall  be  discharged 
or  fired  off  in  any  street,  avenue,  lane  or  public  park  or 
place  within  the  Umits  of  the  Borough  of  Manhattan,  with- 
out a  written  permission  from  the  Mayor,  under  a  penalty 
of  twenty-five  dollars  for  every  offense.  In  no  case  shall 
the  calibre  of  the  cannon  exceed  four  pounds.  The  pro- 
visions of  this  section,  except  that  relating  to  the  calibre 
x)t  the  cannon,  shall  not  apply  to  the  fourth  day  of  July  in 
each  and  every  year.  (R.  O.  1897,  sec.  71,  with  verbal 
changes.) 

Special  ordinances  permitting  use  of  fireworks  on  special  occa- 
sions are  invalid.    Landau  vs.  City  N.  Y.,  180  N.  T.  48. 

§  35.  Any  person  or  persons,  commander  or  other  officer, 
or  private  of  any  artillery  or  other  military  company,  troop 
of  horse,  corps,  regiment,  battalion,  brigade  or  division, 
who  shall  violate  any  or  either  of  the  provisions  of  this 
article  6f  these  ordinances,  or  shall  cause  or  permit  the 
same  to  be  done,  shall  severally  forfeit  and  pay  the  sum  of 
fifty  dollars  for  each  discharge  or  firing  off  of  any  piece  of 
artillerv,  to  be  paid  into  the  citj''  treasury  for  the  use  of  the 
city.     (Id.,  sec.  716.) 

§  36.  The  sale  or  use  of  the  instrument  known  as  the 
"  patent  flying  cap  exploder  "  is  hereby  prohibited  within 
the  limits  of  the  Borough  of  Manhattan,  under  a  penalty  of 
ten  dollars  for  each  offense,  to  be  imposed  by  any  city 
magistrate  of  The  City  of  New  York,  upon  the  arrest  of  any 
offender,  after  proof  of  the  violation  of  the  provisions  of 
this  ordinance.     (Id.,  sec.  720,  with  verbal  changes.) 

§  37.  The  sale  or  disposal  to  minors  of  toy  or  other  pistols 
that  can  be  loaded  wdth  powder  and  ball  or  blank  cartridge 
to  be  exploded  by  means  of  metal  caps,  is  hereby  prohibited, 
under  penalty  of  a  fine  of  ten  dollars  for  each  offense,  said 
fine  to  be  imposed  by  any  city  magistrate  of  this  city,  upon 
the  arrest  of  any  offendjer,  after  due  proof  of  a  violation  of 


280  CODE  OF  OBDINANCES  OF  THE  CITY  OF  NEW  YOEK. 

this  ordinance.  Nothing  herein  contained  shall  apply  to 
the  sale  or  disposal  of  what  are  known  as  firecracker  pistols, 
torpedo  pistols  or  such  pistols  as  are  used  for  the  explosion 
of  paper  caps.  (K.  O.  1897,  sec.  538,  as  amend,  by  ord.  app. 
Nov.  14,  1906,  infra.) 

Chapter  2. —  Nuisances. 

§  38.  No  person  shall  swim  or  bathe  in  any  of  the  waters 
within  the  jurisdiction  of  the  Borough  of  Manhattan,  except 
in  public  or  private  bathing  houses,  unless  covered  with  a 
bathing  suit  so  as  to  prevent  any  indecent  exposure  of 
person,  under  a  penalty  of  five  dollars  for  each  offense;  nor 
shall  any  person  dress  or  imdress  in  any  place  in  said 
borough,  exposed  to  view,  under  a  like  penalty.  (R.  O.  1897, 
sec.  662,  with  verbal  changes.) 

§  39.  No  person  shall  beat  any  drum  or  instrument  for 
the  purpose  of  attracting  the  attention  of  passengers  in  any 
street  in  the  Borough  of  Manhattan,  to  any  show  of  beasts 
or  birds  or  other  things  in  said  city;  nor  shall  any  person 
use  or  perform  with  or  hire,  procure  or  abet  any  other 
person  to  use  or  perform  with  any  musical  or  other  instru- 
ment, in  any  of  the  streets  or  public  places  in  the  Borough 
of  Manhattan.  The  provisions  of  this  section  shall  apply 
only  to  itinerant  musicians  and  side-shows,  and  shall  not 
be  construed  so  as  to  affect  any  band  of  music  or  organized 
musical  society  engaged  in  any  military  or  civic  parade  or 
in  serenading,  who  shall  comply  with  the  laws  of  the  State 
relating  to  parades  in  The  City  of  New  York,  or  to  any 
musical  performance  conducted  under  a  license  from  the 
proper  municipal  authority.  No  person  shall  use  or  perform 
with  or  hire,  procure  or  abet  any  other  person  to  use  or  per- 
form with,  any  hand  organ  in  any  of  the  streets  or  public 
places  in  the  Borough  of  Manhattan,  before  the  hour  of 
nine  a.  m.  nor  after  the  hour  of  seven  p.  m.  of  each  day, 
nor  during  any  part  of  the  first  day  of  the  week,  cftmmonly 
called  Sunday,  nor  within  a  distance  of  500  feet  of  any 
school  house  or  house  of  public  worship,  during  school 
hours  or  hours  of  public  worship,  nor  within  a  like  distance 
of  any  hospital,  asylum  or  other  public  institution,  nor 
within  a  distance  of  250  feet  of  any  dwelling  house  or  other 
building,  when  directed  or  requested  by  an  occupant  thereof 
not  to  so  perform.  No  person  shall  use  or  perform  upon 
any  hand  organ  except  such  organ  shall  be  licensed  as  here- 
inafter ordained.  Upon  the  payment  of  a  license  fee  of 
one  dollar  per  annum,  the  Mayor  may  license  such  number 
of  organs  as  he  may  deem  proper,  not  to  exceed,  however, 
the  total  number  of  300.  Such  license  must  be  conspicuously 
displayed  upon  the  front  of  said  organ.  No  person  using 
or  performing  any  hand  organ  licensed  as  hereinbefore 
recited,  shall  solicit,  ask  or  request  any  money  for  such  use 
or  performance  in  any  way,  shape  or  manner,  directly  or 
indirectly.     Any  violation    of   this    ordinance    or   any   part 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  281 

thereof  shall  be  a  misdemeanor,  and  punishable  by  a  fine 
not  exceeding  ten  dollars,  or  imprisonment  not  exceeding 
ten  days  for  each  offense.  (Id.,  sec.  667,  with  verbal 
changes.) 

The  validity  of  licenses  to  use  musical  instruments  sustained. 
Roderick  vs.  Whitson,  51  Hun,  620;  People  vs.  Garabel,  20 
Misc.   127. 

§  40.  No  person  within  the  Borough  of  Manhattan  shall, 
from  any  window  or  open  space  situated  in  any  story  of  a 
house  above  the  street  floor,  which  window  or  open  space 
is  visible  from  the  street,  or  from  the  sidewalk  on  the 
opposite  side  of  the  street,  exhibit  to  the  public  upon  said 
street,  or  upon  the  opposite  sidewalk,  any  pantomime  per- 
formance of  puppet  or  other  figures,  ballet  or  other  dancing,, 
comedy,  farce,  show  with  moving  figures,  play  or  any  other 
entertainment  of  the  stage  or  dramatic  performance,  or  of 
that  nature,  under  penalty  of  ten  dollars  for  each  such 
offense.     (Id.,  sec.  668,  with  verbal  changes.) 

§  41.  No  advertising  trucks,  vans  or  wagons  shall  be 
allowed  in  the  streets  of  the  Borough  of  Manhattan,  under 
a  penalty  of  ten  dollars  for  each  offense.  Nothing  herein 
contained  shall  prevent  the  putting  of  business  notices 
upon  ordinary  business  wagons,  so  long  as  such  wagons 
are  engaged  in  the  usual  business  or  regular  work  of  the 
owner,  and  not  used  merely  or  mainly  for  advertising. 
(Id.,  sec.  669,  with  verbal  changes.) 

§  42.  It  shall  not  be  lawful  for  any  person  to  place  or 
keep  on  any  window  sill,  railing  of  balcony,  top  of  porch  or 
any  other  projection  from  any  house  or  other  building  in 
the  Borough  of  Manhattan,  any  earthen  flower  pots,  wooden 
box  or  other  article  or  thing  whatever  for  the  cultivation 
or  retention  of  flowers,  shrubs,  vines  or  any  other  article 
or  thing  whatever,  unless  every  such  flower  pot,  box  or 
other  article  is  securely  and  firmly  fastened  or  protected 
by  iron  railings,  so  fastened  as  to  render  it  impossible  for 
any  such  pot,  box  or  other  article  to  fall  into  the  street, 
under  a  penalty  of  ten  dollars  for  every  offense,  to  be  recov- 
ered in  the  manner  now  specified  by  law  for  the  collection 
of  fines  imposed  for  violations  of  ordinances  of  the  said 
borough.    (Id.,  sec.  671,  with  verbal  changes.) 

Chapter  3. —  Partition  Fences  and  Walls. 

§  43.  All  partition  fences  in  the  Borough  of  Manhattan 
shall  be  made  and  maintained  by  the  owners  of  the  land 
on  each  side,  and  each  party  shall  make  and  keep  in  repair 
one-half  part  thereof  when  it  can  be  conveniently  divided. 
(R.  O.  1897,  sec.  697,  with  verbal  changes.) 

§  44.  In  case  of  any  dispute  between  the  parties  concern- 
ing the  division  of  any  such  fence,  or  as  to  what  part  or 
portion  of  it  shall  be  made  or  repaired  by  each  party, 
respectively,  and  in  all  cases  of  dispute  concerning  the  suffi- 
ciency of  any  fence  ii^  tlje  Boroug^h  of  Manhattan,  the  matter 


282  CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

shall  be  determined  by  the  Alderman  for  the  time  being-  of 
the  district  in  which  such  partition  or  other  fence  may  be 
situated.     (Id.,  sec.  698,  with  verbal  changes.) 

§  45.  When  any  partition  fence  cannot  be  conveniently 
divided,  the  same  shall  be  made  and  kept  in  repair  at  the 
joint  and  equal  expense  of  the  owners  of  the  land  on  each 
side.     (Id.,  sec.  699.) 

§  46.  When  the  regulation  of  a  lot.  In  conformity  with 
the  street  on  which  it  is  situated,  shall  require  the  ground 
of  such  lot  to  be  raised  and  kept  up  higher  than  the  ground 
of  the  adjoining  lot  or  lots,  and  a  partition  wall  for  sup- 
porting the  same  shall  be  necessary,  such  partition  wall  shall 
be  made  and  maintained  by  the  owners,  respectively,  of  the 
•land  on  each  side;  and  when  the  same  can  be  equally  divided 
each  party  shall  make  and  keep  in  repair  one-half  part 
thereof.     (Id.,  sec.  700.) 

§  47.  If  any  dispute  shall  arise  concerning  the  division  of 
such  partition  wall  between  the  parties,  or  as  to  what  part 
or  portion  of  it  should  be  made  or  repaired  by  each,  respect- 
ively, or  concerning  the  sufficiency  of  any  such  partition 
wall,  the  same  shall  be  determined  by  the  Alderman.  (Id., 
sec.  701.) 

§  48.  Where  any  partition  wall  cannot  conveniently  be 
divided,  the  same  shall  be  made  and  kept  in  repair  at  the 
joint  and  equal  expense  of  the  owners  of  the  land  on  each 
side.     (Id.,  sec.  702.) 

§  49.  The  regulation  of  lots,  in  conformity  with  the  street, 
shall  be  calculated  not  to  exceed  a  descent  of  two  inches  on 
every  ten  feet.     (Id.,  sec.  703.) 

§  50.  Where  any  owner  or  owners  shall  insist  on  main- 
taining his,  her  or  their  ground  higher  than  such  regulation, 
the  surplus  partition  wall  w^hich  may  be  necessary  to  sup- 
port such  height  shall  be  made  and  maintained  at  the  indi- 
vidual expense  of  such  owner  or  owners.     (Id.,  sec.  704.) 

§  51.  Where  any  such  owner  or  owners  shall  insist  on 
regulating  his,  her  or  their  grounds  with  a  descent  less  than 
two  inches  on  every  ten  feet,  the  surplus  partition  wall 
necessary  to  support  the  ground  on  the  adjoining  lot,  regu- 
lated in  conformity  with  the  preceding  section,  shall,  in  like 
manner,  be  made  and  maintained  at  the  individual  expense 
of  such  owner  or  owners.     (Id.,  sec.  705.) 

§  52.  If  any  person  whose  duty  it  may  be  to  make  or 
repair  any  partition  fence  or  partition  wall,  or  any  part 
thereof,  in  pursuance  of  the  provisions  of  this  law,  shall 
neglect  so  to  do  for  six  days  after  being  requested,  in 
writing,  by  the  owner  or  occupant  of  the  adjoining  ground, 
it  shall  be  lawful  for  such  owner  or  occupant  to  make  or 
repair  such  partition  fence  or  wall,  or  cause  the  same  to  be 
done,  and  to  recover  from  such  person  the  expense  of  mak- 
ing or  repairing  so  much  thereof  as  ought  to  have  been 
made  or  repaired  by  him  or  her,  together  with  cosi;  of  suit, 
in  any  court  having"  cognizance  thereof.     (Id.,  sec.  706.) 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.    283 

§  53.  All  outside  and  boundary  fences  and  all  fences 
erected  on  the  line  of  any  public  road,  street,  lane  or  avenue 
in  the  Borough  of  Manhattan  shall  be  at  least  five  feet  high, 
and  shall  be  built  of  good  and  substantial  materials,  and 
sufficient  in  all  respects  to  keep  out  and  prevent  the 
encroachments  of  cattle,  sheep,  hogs  and  other  animals,  and 
shall  be  kept  in  good  repair  and  of  the  height  above  men- 
tioned.    (Id.,  sec.  707,  with  verbal  changes.) 

§  54.  The  owner  or  owners,  lessee  or  lessees,  tenant  or 
tenants,  of  any  lot,  piece  of  ground  or  premises,  upon  which 
any  fence  not  of  the  height,  and  that  shall  not  be  erected  in 
the  manner  and  maintained  at  the  height  mentioned  in  the 
preceding  section,  or  who,  having  erected  the  same,  shall  not 
keep  the  same  in  good  repair,  shall  not  recover  for  any 
damage  he,  they  or  she  may  sustain  from  cattle,  sheep, 
hog  or  other  animal  doing  damage  upon  his,  their  or  her 
premises;  nor  shall  any  cattle,  sheep  or  other  animal  be 
placed  in  pound  for  doing  damage,  unless  such  fence  be 
erected  and  kept  of  the  height  and  in  the  manner  mentioned 
in  the  last  preceding  section.     (Id.,  sec.  708.) 

§  55.  In  case  of  any  dispute  between  the  parties  concern- 
ing any  fence  embraced  within  this  article,  or  the  suffi- 
ciency thereof,  the  matter  shall  be  determined  by  the  Alder- 
men for  the  time  being  of  the  district  in  which  such  fence 
may  be  situated.     (Id.,  sec.  709.) 

Chapter  4. 

Article  I. —  Surface  Railroads. 

§  56.  Each  and  every  passenger  railroad  car  running  in 
the  Borough  of  Manhattan  shall  pay  into  the  city  treasury 
the  sum  of  fifty  dollars  annually  for  a  license;  a  certificate 
of  such  payment  to  be  procured  from  the  Mayor,  except  the 
one-horse  passenger  cars,  and  the  cars  of  the  Ninth  Avenue 
Railroad  Company,  which  shall  each  pay  the  sum  of  twenty- 
five  dollars  annually  for  said  license  as  aforesaid,  and  except 
such  as  pay  the  sum  of  three  per  cent  or  over  on  the  gross 
receipts,  or  where  the  franchise  has  been  sold  at  public  sale 
to  the  highest  bidder.     (Id.,  sec.  584,  with  verbal  changes.) 

As  to  small  one-horse  cars,  see  Mayor,  etc.,  N,  Y.  C.  vs.  Twenty- 
third  St.  R.  Co.,  62  Hun,  545.  Where  a  license  was  required  for 
horse  cars  from  a  company  which  was  liable  to  pay  license  fees 
by  the  terms  of  its  charter,  held  valid.  Mayor,  etc.,  of  N.  Y.  vs. 
Broadway  and  Seventh  Ave.  R.  R.  Co.,  97  N.  Y.  275,  dist'g-  Mayor 
vs.  Second  Ave.,  32  N.  Y.  261,  and  Mayor  vs.  Third  Ave.,  33 
N.  Y.  42.  As  to  liability  of  Eighth  Avenue  Railroad  to  pay  license 
fees  for  cars  according  to  its  agreement  with  the  city,  see  Mayor, 
etc..  of  N.  Y.  vs.  Eighth  Ave.  R.  R.  Co.,  118  N.  Y.  389.  Coach,  as 
used  in  the  old  ordinance,  must  be  reasonably  interpreted  to 
include  cars  now.  Mayor,  etc.,  of  N.  Y.  vs.  Third  Ave.  R.  R.  Co., 
117  N,  Y.  404,  and  where  the  license  is  required  of  every  coach  it 
must  be  paid  by  every  car,  no  matter  what  may  be  the  mode 
of  propulsion.  Citv  of  N.  Y.  vs.  Third  Ave.  R.  R.,  Greenbaum,  J., 
N.  Y.  Law  Journal,  Feb.  25,  1904. 


284  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YOBK. 

§  57.  Each  certificate  of  payment  off  license  shall  be 
affixed  to  some  conspicuous  place  in  the  car,  that  it  may  be 
inspected  by  the  proper  officer,  to  be  designated  and 
appointed  by  the  Mayor.    (Id.,  sec.  585.) 

§  58.  For  every  passenger  car  run  upon  any  of  the  rail- 
roads without  the  proper  certificate  of  license,  the  pro- 
prietor or  proprietors  thereof  shall  be  subject  to  a  penalty 
of  fifty  dollars  for  each  day  every  such  car  shall  be  so  run, 
to  be  recovered  by  the  Corporation  Counsel,  as  in  the  case 
of  other  penalties,  and  for  the  benefit  of  the  city  treasury. 
(Id.,  sec.  586,  with  verbal  changes.) 

§  59.  Every  railroad  car  company  whose  cars  are  pro- 
pelled or  driven  within  the  limits  of  the  Borough  of  Man- 
hattan shall  provide  each  passenger  car,  baggage  car,  freight 
car  or  other  vehicle  in  use  by  said  company  upon  their 
tracks  or  track  of  other  companies  used  by  them,  within 
the  borough  limits,  with  a  good  light  or  lantern,  which  shall 
be  placed  in  a  conspicuous  position  on  the  front  of  the  car, 
to  warn  persons  of  its  approach,  between  sunset  and  sunrise 
of  each  day.     (Id.,  sec.  587,  with  verbal  changes.) 

§  60.  Every  such  company  which  shall  refuse  or  neglect 
to  conform  with  the  provisions  of  the  foregoing  section  shall 
be  subject  to  a  penalty  of  $100  for  each  and  every  trip,  or 
part  of  trip,  through  the  borough  limits  made  by  a  car  of 
such  company  that  is  not  provided  with  said  light,  such 
penalty  to  be  recovered  in  the  name  and  for  the  use  of  The 
City  of  New  York.     (Id.,  sec.  588,  with  verbal  changes.) 

§  61.  It  shall  not  be  lawful  for  any  railroad  company  to 
operate  any  cars  upon  any  portion  of  its  route  in  the 
streets  or  highways  of  the  Borough  of  Manhattan,  without 
providing  for  the  operation  and  management  of  every  such 
car  a  conductor  as  well  as  a  driver.  (Id.,  sec.  589,  with 
verbal  changes.) 

This  does  not  apply  to  consolidated  lines.  Brooklyn  Crosstown 
L.  Co.  vs.  City  Brooklyn,  37  Hun,  413. 

§  62.  For  every  trip  or  part  of  a  trip  made  by  any  car  of 
any  street  railway  company,  in  violation  of  the  provisions 
of  the  foregoing  section  of  this  ordinance,  the  company  so 
offending  shall  be  subject  to  a  penalty  of  fifty  dollars  for 
each  trip  or  part  of  a  trip  which  such  car  shall  so  make,  to 
be  recovered  by  the  Corporation  Counsel,  as  in  the  case  of 
other  penalties.     (Id.,  sec.  590,  wdth  verbal  changes.) 

§  63.  In  all  cases  where,  by  law,  a  passenger  is  entitled 
to  be  carried  for  one  fare  over  the  route  or  routes  of  any 
company  or  companies  operating  a  street  surface  railroad 
or  railway  in  the  Borough  of  Manhattan,  and  such  company 
or  companies  shall  require  to  transfer  such  passenger  from 
one  car  to  another,  there  shall  be  conspicuously  posted  and 
maintained  by  such  company  or  companies,  on  the  inside  of 
every  car  employed  in  traversing  such  route  or  routes,  a 
notice  that  a  transfer  ticket  will  be  furnished  without  addi- 
tional charge  to  each  and  every  passenger  who,  having  paid 


CODE  OF  OKDINANCES  OF  THE  CITY  OF  NEW  YOBK.  285 

one  fare,  desires  to  traverse  such  route  or  routes.     (Id.,  sec. 
593,  with  verbal  changes.) 

§  64.  Every  violation  of  the  foregoing  provisions  of  this 
ordinance  shall  subject  such  company  or  companies  to  a 
penalty  of  five  dollars  for  each  day,  or  part  thereof,  during 
which  the  notice  above  provided  for  shall  not  be  posted  and 
maintained  as  hereinbefore  required,  and  each  and  every  of 
the  cars  included  in  the  foregoing  section  of  this  ordi- 
nance, to  be  recovered  on  behalf  of  The  City  of  New  York 
by  the  Corporation  Counsel,  in  any  court  of  competent 
jurisdiction.    (Id.,  sec.  594,  with  verbal  changes.) 

§  65.  The  several  railroad  companies  now  running  cars 
on  the  surface  of  any  streets  in  the  Borough  of  Man- 
hattan are  hereby  directed  and  required  to  cause  their  cars 
to  be  run  and  operated  on  their  tracks  as  frequently  as 
public  convenience  may  require,  and  not  less  than  one  car 
every  twenty-four  minutes,  between  the  hours  of  twelve 
midnight  and  six  o'clock  a.  m.,  each  and  every  day,  both 
ways,  for  the  transportation  of  passengers.  (Id.,  sec.  595, 
with  verbal  changes.) 

In  a  suit  to  enforce  the  penalty  evidence  was  offered  to  show 
that  the  ordinance  was  unreasonable,  but  it  was  not  received. 
Held  reversible  error.  Mayor,  etc.,  vs.  Dry  Dock  East  Broadway 
R.  R.  Co.,  133  N.  Y.  104.  See  Mayor  vs.  N.  Y.  Harlem  R.  Co.,  10 
Misc.  417.  Where  fenders  w^ere  required  on  the  front  platforms  of 
Brooklyn  cars,  held  to  be  unreasonable.  City  of  Brooklyn  vs. 
Nassau  Electric  Co.,  38  App.  Div.,  365. 

§  66.  Each  and  every  company  who  shall  neglect  or  refuse 
to  comply  with  the  provisions  of  section  1  of  this  ordi- 
nance shall  thereby  incur  a  penalty  of  $100  for  each  and 
every  such  neglect  or  refusal,  to  be  recovered  by  the  Cor- 
poration Counsel,  as  in  the  case  of  other  penalties.  (Id., 
sec.  596,  with  verbal  changes.) 

§  67.  It  shall  be  the  duty  of  every  person,  company  or 
corporation,  operating  or  controlling  any  railroad  in  the 
Borough  of  The  Bronx,  City  of  New  York,  upon  which  cars 
are  drawn  by  locomotive  engines  other  than  those  known 
as  "  dummies,"  to  erect  and  maintain  suitable  and  sub- 
stantial gates  or  doors  on  each  and  either  side  of  said 
railroad,  at  every  point  in  said  borough  at  which  its  road 
or  tracks  cross  any  public  street,  road  or  avenae  at  the 
grade  thereof.  Such  gates  or  doors  shall  be  kept  well 
painted  and  in  good  repair,  and  be  attended  at  all  times 
during  the  approach  and  passage  of  cars  or  trains  by  sober, 
careful  and  experienced  men,  whose  duty  it  shall  be  to  keep 
the  tracks  clear  of  all  horses,  cattle  and  vehicles,  to  prop- 
erly warn  all  the  persons  against  crossing  said  track  dur- 
ing the  approach  of  any  train,  locomotive  or  car,  and  to  close 
said  gates  or  doors  at  least  one  minute  before  the  passage 
of  any  locomotive,  engine  or  car  over  said  public  street, 
road  or  avenue.     (Id.,  sec.  597,  with  verbal  changes.) 

§  68.  It  shall  not  be  lawful  for  any  person,  company  or 
corporation,   operating  or   controlling  any  railroad  in  the 


286  CODE  OF  OBDINANCES  OF  THE  CITY  OF  NEW  YORK. 

Borough  of  The  Bronx,  City  of  New  York,  to  run  or  allow 
to  run  any  locomotive  or  locomotive  and  tender  without 
cars  across  any  public  street,  road  or  avenue  in  said  borough, 
unless  the  gates  or  doors  at  such  crossing  are  closed  or 
down,  or  to  permit  any  locomotive  or  steam  engine,  car, 
carriage,  wagon  or  vehicle  of  any  kind  whatever  to  stand 
for  a  longer  time  than  five  minutes  on  the  intersection 
caused  by  the  crossing  of  such  railroad  and  any  public 
street,  road,  or  avenue  at  the  grade  thereof.  (Id.,  sec.  598, 
with  verbal  changes.) 

§  69.  Every  failure  to  comply  with  the  provisions  of  this 
ordinance  on  the  part  of  the  president,  directors,  super- 
intendent or  other  officers  of  any  company  or  corporation, 
or  on  the  part  of  any  person  or  persons  operating  or  con- 
trolling any  such  railroad,  shall  be  deemed  a  misdemeanor, 
and  the  person  or  persons  so  offending  shall  be  punished  on 
conviction  before  any  of  the  City  Magistrates  of  The  City  of 
New  York,  pursuant  to  the  provisions  of  section  85  of  The 
New  York  City  Consolidation  Act  of  1882.  (Id.,  sec.  599,  with 
verbal  changes.) 

§  70.  It  shall  be  unlawful  for  any  railroad  company  or 
companies  using  the  tunnel  or  tunnels  in  Park  avenue,  and 
for  any  manager,  employee  or  servant  of  such  company  or 
companies  to  permit  bituminous  coal  smoke  to  escape  from 
any  locomotive  while  in  or  running  through  said  tunnels. 
(Id.,  sec.  600,  with  verbal  changes.) 

§  71.  Any  company,  manager  or  employee  or  serrant  of 
any  railroad  company  or  companies  who  shall  allow  or  suffer 
any  violation  of  this  ordinance  to  be  committed  within  any 
of  said  tunnels  shall  pay  a  penalty  of  fifty  dollars,  and  in 
default  of  payment  of  such  fine,  shall  be  punished  by 
imprisonment,  as  provided  by  section  85  of  the  New  York 
City  Consolidation  Act  of  1882.  (Id.,  sec.  601,  with  verbal 
changes.) 

§  72.  Such  penalty  shall  be  without  prejudice  to  the  right 
of  action  of  any  person  injured  by  violation  of  this  ordi- 
nance. (Id.,  sec.  602.) 

§  73.  The  several  railroad  companies  whose  lines  ter- 
minate at  the  port  of  New  York  may  draw  or  cause  to  be 
drawn  their  freight  cars  by  the  use  of  dummy  engines  fur- 
nished by  the  said  railroads,  or  the  Central  Park,  North 
and  East  River  Railroad  Company  as  may  be  agreed  upon, 
between  the  hours  of  seven  o'clock  in  the  evening  and  five 
o'clock  in  the  morning,  between  the  fifteenth  day  of  April 
and  the  fifteenth  day  of  September,  and  between  the  hours 
of  six  o'clock  in  the  evening  and  five-thirty  o'clock  in  the 
morning,  between  the  fifteenth  day  of  September  and  the 
fifteenth  day  of  April  in  each  year,  over  the  railroad  tracks 
used  by  the  said  Central  Park,  North  and  East  River  Rail- 
road Company  on  West  street,  and  from  West  street  to  and 
on  the  East  river  side  of  the  Borough  of  Manhattan  as  far 
as  Grand  street,  with  the  consent  of  said  company,  and  also 


CODE  OF   ORDINANCES  OF  THE   CITY  OF  NEW  YORK.  287 

to  lay  down  railroad  tracks  to  and  upon  any  of  the  bulk- 
heads and  piers  and  into  warehouses  on  the  North  and  East 
rivers  to  connect  with  any  railroad  tracks  now  laid  on  West 
street,  and  also  to  connect  with  any  railroad  tracks  from 
West  street  to  Grand  street,  on  or  near  the  East  river,  used 
by  the  said  Central  Park,  North  and  East  Eiver  Eailroad  Com- 
pany, with  the  necessary  branches,  switches  and  turnouts, 
and  to  run  their  freight  cars  thereon,  provided  the  consent 
of  the  owners,  lessee  or  lessees  of  said  bulkheads  and  piers 
and  warehouses  for  the  construction  of  said  branches, 
switches  and  turnouts  be  first  had  and  obtained.  Every 
railroad  company  which  shall  avail  itself  of  the  permission 
hereby  granted  shall  limit  the  number  of  loaded  cars  to  be 
drawn  by  a  dummy  engine  at  any  one  time  to  fifteen  and 
the  speed  of  said  engine  to  six  miles  an  hour,  and  shall  pay 
to  The  City  of  New  York  an  annual  license  fee  of  fifty 
dollars  for  each  dummy  engine  run  by  said  company.  None 
of  said  cars  shall  be  permitted  to  stand  on  said  railroad 
tracks,  nor  shall  they  be  loaded  or  unloaded  except  on  said 
bulkheads  and  piers  or  in  said  warehouses.  Provided  always 
that  said  Central  Park,  North  and  East  River  Railroad  Com- 
pany shall  extend  equal  privileges  to  said  first-mentioned 
companies  in  the  use  of  its  railroad  tracks.  (Id.,  sec.  603, 
with  verbal  changes.) 

§  74.  The  Sixth  Avenue  Railroad  Company,  or  the  Metro- 
politan Street  Railway  Company,  lessee  thereof,  shall  be 
required  to  run  cars  over  so  much  of  its  route  as  continues 
from  West  Third  street  and  Sixth  avenue  to  Carmine  street, 
to  Varick  street,  to  Katts  street,  to  the  Desbrosses  street 
ferry  and  return,  in  the  Borough  of  Manhattan,  at  intervals 
of  not  more  than  five  minutes  between  the  hours  of  five 
o'clock  a.  ra.  and  eleven  o'clock  p.  m.,  under  a  penalty  of 
twenty-five  dollars  for  each  violation  of  this  provision. 
(Ord.  app.  Feb.  21,  1899.) 

§  75.  The  Metropolitan  Street  Railway  Company  be  and 
and  it  is  hereby  directed  to  have  placed  on  each  and  every 
car  operated  on  the  Lexington  avenue  branch  of  its  system 
a  sign  indicating  in  plain  letters  the  exact  stopping  point 
at  the  end  of  the  run  of  each  and  every  car  so  operated 
on  said  Lexington  avenue  branch  of  the  railroad  system  of 
the  Metropolitan  Street  Railway  Company.  (Ord.  app.  Dec. 
19,  1899,  sec.  1.) 

§  76.  Each  and  every  violation  of  the  provisions  of  the 
foregoing  section  shall  be  subject  to  a  fine  of  not  less  than 
ten  dollars  ($10).     (Id.,  sec.  2.) 

Article  II. —  Elevated  Railroads. 
§  77.  There  shall  be  placed  or  suspended  and  lighted, 
beneath  each  depot  station  of  the  several  elevated  railways 
in  the  Borough  of  Manhattan,  two  lights  of  gas,  or  other 
illuminating  material  of  not  less  power,  inclosed  in  "  boule- 
vard lamps  "  or  g-lass  globes,  of  such  pattern  and  in  such 


288  CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YOEK. 

places  under  said  depots  as  shall  be  approved  by  the  Presi- 
dent of  the  Boroug-h,  and  every  such  light  shall  be  kept 
burning-  during  the  same  hours  as  the  ordinary  street 
lamps.  Every  failure  to  comply  with  the  provisions  of  this 
section  on  the  part  of  the  president,  superintendent,  direct- 
ors or  other  officer  of  every  such  railroad  company,  shall 
be  deemed  a  misdemeanor,  and  shall  be  punished,  on  con- 
viction before  any  of  the  City  Magistrates  of  The  City  of 
New  York,  by  a  fine  not  exceeding  ten  dollars  ($10)  for  each 
offense,  or  in  default  of  payment  of  such  fine,  by  imprison- 
ment not  exceeding  ten  days.  (R.  O.  1897,  sec.  608,  with 
verbal  changes.) 

§  78.  It  shall  not  be  lawful  to  permit  any  oil,  grease, 
water,  coals,  scraps  of  iron,  tools,  or  other  liquid  or  solid 
substances,  to  fall  or  be  dropped  or  be  thrown  from  any 
engine,  car,  track,  depot  or  other  part  or  portion  of  the 
elevated  railroads,  into  or  upon  any  street,  avenue  or  pub- 
lic place  in  the  Borough  of  Manhattan;  and  every  person 
offending  against  the  above  provisions  of  this  section,  and 
the  president,  superintendent,  directors  or  other  officers 
of  every  such  railroad  company  who  shall  permit  or  allow 
any  of  the  employees,  agents,  or  servants  of  any  railroad 
company  to  violate  any  of  said  provisions  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  before  any  of  the  City  Magistrates  of  this  city,  shall 
pay  a  fine  not  exceeding  ten  dollars  ($10)  for  each  offense. 
or  in  default  of  payment  of  said  fine,  shall  be  punished  by 
imprisonment  not  exceeding  ten  days.  (Id.,  sec.  609,  vsdth 
verbal  changes,  amend,  by  ord.  app.  Nov.  23,  1906.) 

§  79.  All  elevated  railroad  companies  or  other  companies 
t)perating  elevated  railroads  in  the  Borough  of  Manhattan 
shall  place  a  guard-rail  and  a  board  pathway  on  each  side  and 
in  the  center  of  such  elevated  railroad  structures  throughout 
the  entire  length  thereof  and  keep  and  maintain  the  same, 
and  that  for  a  violation  of  this  ordinance  each  elevated  rail- 
road company  or  other  company  operating  such  railroads 
shall  be  liable  to  a  fine  of  not  less  than  fifty  dollars  ($50) 
for  each  day  of  such  violation.     (Ord.  app.  Nov.  8,  1899.) 

Chapter  5. —  Miscellaneous  Ordinances. 

Article  I. —  To  Prevent  Injury  to  Hose  at  Fires. 
§  80.  The  driver  of  any  vehicle  who  shall  drive  any  such 
vehicle  over  or  across  any  hose  in  use,  or  about  to  be  used, 
or  while  lying  in  the  carriageway  after  being  used  in  any 
street,  avenue  or  public  place  in  the  Borough  of  Manhattan, 
by  any  portion  of  the  Fire  Department,  for  extinguishing 
any  fire  that  may  occur  within  the  limits  of  said  borough, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  before  any  City  Magistrate,  shall  pay  a  fine  of  ten 
dollars,  or  in  default  of  the  payment  of  such  fine,  by 
imprisonment,  provided  such  imprisonment  does  not  exceed 


4/ODE  OF  ORDINANCES   C-I-     ?HE  CITY  OF  NEW  TORE.  289 

fen  days.     (E.  O.  1897,  sec.  710,  with  verbal  changes,  amend, 
by  ord.  app.  Nov.  23,  1906.) 

§  81.  The  provisions  of  the  last  preceding-  section  shall 
not  apply  to  drivers  of  wagons  carrying  the  United  States 
mail,  to  drivers  of  ambulances,  when  conveying  any  patient 
or  injured  person  to  any  hospital,  or  when  proceeding  to 
the  scene  of  any  accident  by  which  any  person  or  persons 
have  been  injured;  or  to  any  driver  of  any  vehicle  who  may 
be  permitted  to  drive  over  or  across  any  such  hose  by  the 
officer  of  the  Fire  Department  in  command  of  the  force 
operating  at  any  such  fire,  and  under  his  direction.  (Id., 
sec.  711.) 

Article  II.— Placards  on  Lamp-posts,  Etc, 

§  82.  No  person  shall  attach,  place  or  paste,  or  cause  to 
be  attached,  placed  or  pasted  any  sign,  advertisement,  notice 
or  hand  bill,  or  other  matter,  on  any  curbstone,  flagstone  or 
any  other  portion  or  part  of  any  sidewalk  or  curbstone  in 
the  Borough  of  Manhattan,  under  a  like  penalty.  (R.  O. 
1897,  sec.  730,  with  verbal  changes.) 

§  83.  The  violation  of  any  of  the  provisions  of  the  pre- 
ceding section  shall  be  punishable  by  a  fine  of  not  less  than 
one  dollar  or  more  than  ten  dollars.     (Id.,  sec.  731.) 

Article  III. —  Defacing  Sidewalks, 
§  84.  No  person  shall  deface  any  sidewalk  in  the  Borough 
of  Manhattan,  by  printing  thereon  any  advertisement  or 
other  matter,  without  the  consent  of  the  owner  thereof, 
under  penalty  of  five  dollars  for  each  offense.  (Id.,  sec.  732, 
with  verbal  changes.) 

Article  lY. —  Blasting  of  Bocks. 

§  85.  In  all  cases  of  blasting  rock  within  the  Borough  of 
Manhattan,  each  blast,  before  firing  it,  shall  be  covered  on 
the  top  and  sides  with  tin  sufficiently  large  to  cover  the 
rock  to  be  broken,  and  the  tin  to  be  covered  with  at  least 
twelve  timbers  ten  inches  square  and  ten  feet  long  each, 
to  be  held  together  at  each  end  by  a  chain  of  either  steel 
or  iron  three-quarters  of  an  inch  in  diameter.  The  explosive 
to  be  used  shall  not  exceed  one  pound  in  weight  of  forty 
per  cent  explosive  for  each  four  feet  depth  of  hole  that  is 
not  ten  feet  below  the  curb,  and  one  pound  in  weight  of 
sixty  per  cent  explosive  for  each  four  feet  depth  of  hole 
that  is  more  than  ten  feet  below  the  curb.  (Id.,  sec.  737, 
with  verbal  changes.) 

§  86.  Three  minutes'  notice  before  firing  the  blasts  shall 
be  given  by  displaying  a  red  flag  on  a  staff  not  less  than 
ten  feet  high,  set  in  a  conspicuous  place  within  twenty-five 
feet  of  the  point  where  the  charge  is  placed,  and  also  by 
calling  out  the  words  "A  blast "  several  times  repeated  and 
loud  enough  to  be  distinctly  heard  at  a  distance  of  200  feet 
from  the  point  of  discharge,  and  shall  notify  the  occupants 
19 


290  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

of  all  houses  within  three  hundred  (300)  feet  of  the  place 
of  blasting  on  the  morning  of  each  day  upon  which  blasting 
shall  be  done.     (Id.,  sec.  738.) 

§  87.  For  every  violation  of  either  of  the  preceding  sec- 
tions of  this  article  the  offending  party,  upon  complaint 
and  conviction  thereof  before  a  City  Magistrate,  shall  be 
liable  to  a  fine  of  twenty-five  dollars,  and  stand  committed 
until  the  same  is  paid.     (Id.,  sec.  739.) 

Article  Y. —  Ice  Wagons. 
§  88.  It  shall  not  be  lawful  for  the  owner  or  driver  of 
any  wagon  used  for  the  sale  of  ice  in  any  of  the  streets, 
avenues  or  public  places  in  the  Borough  of  Manhattan,  to 
permit  or  allow  the  scale  thereon,  or  the  beam  to  which  it 
may  be  attached,  or  other  implements  for  handling  ice,  to 
project  or  hang  outside  or  beyond  the  side  or  end  of  such 
wagon  when  in  motion,  under  the  penalty  prescribed  by 
section  85  of  the  New  York  Consolidation  Act.  (Id.,  sec.  783, 
with  verbal  changes.) 

Article  YI. —  Racing  Horses. 

§  89.  No  person  shall  run  or  race  any  horse  in  any  public 
street,  road  or  avenue  in  the  Borough  of  Manhattan,  nor 
shall  consent  to  or  suffer  such  racing  under  the  penalty  of 
fifty  dollars,  to  be  recovered  from  the  person  or  persons 
who  shall  so  race,  or  suffer  or  permit  such  racing,  and  the 
owner,  rider  and  the  person  having  charge  of  any  animal 
which  shall  so  race  and  run,  severally  and  respectively.  (Id., 
sec.  375,  with  verbal  changes.) 

§  90.  The  last  preceding  section  of  this  article  shall  be 
construed  to  prevent  and  punish  the  running,  racing  or 
trotting  of  any  horse  or  horses,  for  any  trial  of  speed,  or 
for  the  purpose  of  passing  any  other  horse  or  horses, 
whether  the  same  be  founded  upon  any  stake,  bet  or  other- 
wise.    (Id.,  sec.  376.) 

§  91.  No  person  shall  drive  any  horse  before  a  sleigh  or 
sled  through  any  of  the  public  streets  or  avenues  of  the 
Borough  of  Manhattan,  unless  there  shall  be  a  sufficient 
number  of  bells  attached  to  the  harness  of  such  horse  and 
sleigh  or  sled  to  warn  persons  of  his  approach,  under  the 
penalty  of  ten  dollars  for  each  offense,  to  be  paid  by  the 
driver,  owner  or  person  having  the  care,  charge  or  keeping 
thereof,  severally  and  respectively.  (Id.,  sec.  378,  with  verbal 
changes.) 

Article  YII. — AutomoUles. 

§  92.  The  Mayor  of  The  City  of  New  York  shall,  from 
time  to  time,  issue  licenses,  under  his  hand  and  seal,  to  so 
many  and  such  persons  as  he  shall  think  proper,  to  keep 
for  hire,  in  the  said  city,  horseless  coaches,  carriages  and 
cabs,  designed  for  propulsion  by  electricity  supplied  by  an 
electric  storage  battery  or  batteries,  an4  may  revoke  any 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.         291 

and  all  of  said  licenses  for  cause.  (Ord.  app.  March  20,  1897, 
Bee.  1.) 

§  93.  The  provisions  and  penalties  of  the  ordinances  of 
said  City  of  New  York  relating  to  the  licensing  of  hackney- 
coaches  or  cabs  and  of  drivers  thereof,  and  to  rates  and 
prices  of  fares,  so  far  as  the  same  may  be  consistent,  shall 
apply  to  coaches,  carriages  and  cabs  to  be  licensed  here- 
under, and  to  the  owners  and  drivers  thereof.     (Id.,  sec.  2.) 

§  94.  Every  such  horseless  coach,  carriage  or  cab  shall  be 
equipped  with  a  bell  to  be  used  to  signal  its  approach  to 
pedestrians  and  to  other  vehicles.    (Id,,  sec.  3.) 

*  PART  in. 

Ordinances  Affectmg  that  Part  of  the  City  of  New  York  Incliided 
Within  the  Borough  of  Brooklyn. 

Chapter  1. 

Article  I.—  The  Borough  President. 

Section  1.  The  Borough  President  shall  have  power  to 
grant  permits  to  builders  to  occupy  not  to  exceed  one-third 
of  the  carriageway  of  any  street  or  avenue  with  building 
material,  provided  in  his  opinion  the  public  interests  and 
convenience  will  not  suffer  thereby.  Such  permits  shall 
provide  expressly  that  they  are  given  upon  condition  that 
the  sidewalks  and  gutters  shall  at  all  times  be  kept  clear 
and  unobstructed,  and  that  all  dirt  and  rubbish  shall  be 
promptly  removed  from  time  to  time  by  the  party  obtaining 
such  permit,  and  all  such  permits  may  be  revoked  by  him  at 
pleasure.  No  such  permit  shall  be  granted  to  any  builder  or 
builders  unless  such  builder  or  builders  shall  at  the  time 
said  permit  is  granted  have  on  deposit  with  the  Borough 
President  the  sum  of  fifty  dollars  ($50)  as  a  guarantee  that 
he  or  they  will  promptly  comply  with  the  conditions  of  all 
permits  which  may  be  so  granted,  including  the  prompt 
removal  of  all  dirt  and  rubbish  placed  upon  the  street  from 
time  to  time,  and  also  for  the  prompt  removal  after  the 
expiration  or  revocation  of  any  such  permit,  of  any  building 
material  placed  upon  any  street  or  avenue  thereunder. 

The  Borough  President  is  hereby  authorized  and  empow- 
ered to  use  so  much  of  the  moneys  so  deposited  as  may  be 
required  to  effect  the  prompt  removal  of  such  dirt  or  rub- 
bish as  may  be  from  time  to  time  left  upon  the  streets  by 
the  party  making  said  deposit,  and  also  for  the  purpose  of 
removing  any  building  material  which  may  remain  thereon 
after  the  expiration  or  revocation  of  any  permit  under 
which  it  was  so  placed. 

In  case  any  such  deposit  shall  become  impaired  or 
exhausted  by  its  use  by  said  Borough  President  in  the 
removal  of  dirt,  rubbish  or  building  material,  the  amount 
shall  be  made  up  immediately  to  the  sum  of  fifty  dollars 


292  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

($50),  on  notice  from  said  Boroug-h  President,  and  in  default 
thereof,  all  permits  theretofore  issued  to  the  builder  or 
builders  failing  to  comply  with  such  notice  shall  be  revoked, 
and  no  permit  shall  be  thereafter  granted  him  or  them  until 
such  deposit  be  made  good. 

Any  builder  or  builders  may  at  any  time  withdraw  his  or 
their  said  deposit  provided  said  builder  or  builders  hold  no 
unexpired  permits  and  have  fully  complied  with  all  the  con- 
ditions of  all  permits  theretofore  issued,  otherwise  said 
builder  or  builders  shall  be  only  entitled  to  withdraw  and 
receive  as  much  of  said  deposit  as  may  remain  unexpended 
after  the  provisions  of  this  section  relative  to  the  use  of 
said  money  for  the  removal  of  dirt,  rubbish  or  build|^ng 
material,  as  the  case  may  be,  have  been  carried  into  effect. 
(Bk.  ord.  1886,  art.  9,  sec.  10,  as  amend.  July  5,  1893,  with 
verbal  changes.) 

§  2.  Whenever  any  person  or  persons,  corporation  or  cor- 
porations, association  or  associations,  shall  leave  any  build- 
ing materials,  telegraph  poles  or  other  obstructions  on  any 
public  street  or  place,  or  shall  make  any  excavations  therein 
under  the  authority  of  any  law,  ordinance  or  permit,  suit- 
able lights  shall  be  placed  thereon  in  the  night  time  to  indi- 
cate such  obstructions  or  excavations.  Any  such  person 
or  persons,  corporation  or  corporations,  association  or  asso- 
ciations neglecting  to  comply  vdth  the  provisions  of  this  sec- 
tion, shall  be  liable  to  pay  a  penalty  of  twenty-five  dollars 
($25)  for  each  and  every  offense;  provided,  however,  that 
nothing  herein  contained  shall  be  construed  to  authorize  the 
construction  or  excavation  of  any  street  or  place  except  as 
the  same  is  authorized  or  provided  by  law  or  ordinance. 
(Bk.  ord.  adopted  Feb.  6,  1893.) 

§  3.  Any  person  or  persons  owning  or  occupying  premises 
in  front  of  which  the  gutter  has  been  bridged  to  facilitate 
the  passage  of  vehicles,  shall  keep  the  gutter  under  such 
bridge  free  from  obstructions,  and  in  default  of  their  so 
doing  in  any  case,  the  Borough  President  is  authorized  to 
remove  said  bridge,  clean  the  gutter  thereunder  and,  in  his 
discretion,  to  replace  said  bridge  or  restore  said  street  to  its 
original  condition,  all  of  said  work  to  be  done  at  the  cost  of 
the  said  person  or  persons  owning  or  occupying  the  said 
premises,  to  be  recovered  by  an  action  to  be  brought  by  the 
Corporation  Counsel  for  that  purpose.  (Bk.  ord.  adopted 
April  17,  1893.) 

Article  II. —  The  Commissioner  of  Water  Supply,  Gas  and 
Electricity. 

§  4.  In  case  any  person  shall  trespass  on  any  part  of  the 
embankment  of  the  reservoirs,  or  go  or  remain  on  the  same 
wdthout  permission  of  the  proper  persons  having  charge  of 
the  same;  or  in  case  any  person  does  not  comply  with  the 
regulation  of  the  Department  of  Water  Supply,  Gas  and 
Electricity,  as  to  the  time  they  shall  leave  the  embankment 


CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  293 

of  said  reservoirs,  or  the  grounds  or  buildings  attached  to 
said  reservoirs,  that  then,  and  in  that  case,  such  person  shall 
be  subject  to  a  fine  of  twenty-five  dollars,  to  be  levied  and 
collected  in  the  manner  aforesaid;  and  in  default  of  pay- 
ment, imprisonment  as  in  like  manner,  not  to  exceed  tvs^enty- 
five  days  in  the  city  prison.  Bk.  ord.  1886,  Ch.  1,  art.  10,  §  12, 
with  verbal  chang-es.) 

Article  III.—  Sidewalks  and  Roadways. 

§  5.  In  all  streets  of  the  Borough  of  Brooklyn  of  the 
width  of  forty  feet  and  upward  which  shall  hereafter  be 
paved,  the  sidewalks  or  footwalks  between  the  lines  of  the 
Btreets  and  kennels  shall  be  of  the  following  width,  that  is 
to  say: 

"  In  all  streets  40  feet  wide,  10  feet." 

"In  all  streets  50  feet  wide,  13  feet." 

*•  In  all  streets  60  feet  wide,  15  feet." 

*•  In  all  streets  70  feet  wide,  18  feet." 

"  In  all  streets  80  feet  wide,  19  feet." 

"  In  all  streets  80  feet  wide,  and  not  exceeding  100  feet, 
20  feet." 

"  In  all  streets  less  than  40  feet  in  width,  such  proportion 
thereof  as  may  be  directed  by  the  Board  of  Aldermen  shall 
be  used  and  flagged  for  the  sidewalks  and  footpaths." 

On  all  streets  of  the  Borough  of  Brooklyn  of  66  feet  which 
hereafter  be  paved,  the  sidewalks  or  footwalks  between  the 
line  of  the  streets  and  kennels  shall  be  18  feet  in  width. 
(Bk.  ord.  1886,  ch.  7,  sec.  1,  as  amend.  June  18,  1894,  with 
verbal  changes.) 

§  6.  All  sidewalks  in  the  Borough  of  Brooklyn  which 
shall  hereafter  be  laid  shall  be  raised  from  the  curbstone 
in  the  proportion  of  two  (2)  inches  on  ten  (10)  feet,  under 
the  penalty  of  ten  dollars,  to  be  sued  for  and  recovered 
from  the  person  laying  the  same,  and  the  owner  or  owners 
of  the  lot  fronting  on  the  sidewalk  severally  and  respect- 
ively.    (Id.,   sec.  2,  with  verbal   changes.) 

§  7.  All  sidewalks  in  the  Borough  of  Brooklyn,  and  the 
flagging  or  other  materials  with  which  the  same  shall  be 
laid  or  covered,  shall  be  repaired  and  kept  in  repair  at  the 
expense  of  the  owner  or  owners  of  the  prei^ises  or  lots 
fronting  on  or  adjoining  the  sidewalk.  (Id.,  sec.  3,  with 
verbal  changes.) 

§  8.  When  any  sidjewalk  in  said  city  shall  be  out  of  repair 
in  any  way,  or  the  flags  or  other  material  with  which  it  is 
laid  or  covered  shall  be  loose,  broken,  decaped,  removed  or 
otherwise  out  of  repair,  the  Borough  President  shall  report 
the  same  to  the  Board  of  Aldermen,  and  if,  after  the 
authorization  thereto  by  said  board,  the  owner  or  owners 
of  record  of  any  lot  or  premises  fronting  or  adjoining  such 
sidewalk  shall  refuse  or  neglect  to  repair  the  same  in  a 
good,    sufficient    and   proper    manner,    as   required    by    the 


294  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

Borough  President  within  ten  days  after  a  written  or  printed 
notice  shall  have  been  served  by  such  officer  or  other  person 
in  his  name,  or  such  owner  or  owners,  or  either  of  them 
personally,  or  shall  have  been  left  at  the  place  or  residence 
of  such  owner  or  owners,  or  either  of  them  in  this  city,  or 
if  such  owner  or  owners  or  any  of  them  do  not  residie  in 
this  city  and  such  notice  shall  not  be  personally  served, 
then  within  fifteen  days  after  such  notice  shall  have  been 
served  by  mail,  addressed  to  said  owner  or  owners  at  his 
place  of  residence,  or  where  such  residence  is  unknown  to 
the  said  Borough  President,  posted  in  a  conspicuous  place 
on  said  premises,  such  owner  or  owners  shall  severally  for- 
feit and  pay  twenty-five  dollars  for  each  lot  fronting  on  or 
adjoining  the  sidewalk  which  shall  not  have  been  repaired 
by  such  owner  or  owners  within  the  time  and  in  the  manner 
above  provided. 

And  the  Borough  President  may,  vsdth  the  consent  of  the 
Board  of  Aldermen,  after  a  like  notice,  or  without  notice 
if  such  sidewalk  be  in  a  dangerous  condition,  cause  the 
same  to  be  repaired  as  aforesaid  at  the  expense  of  such 
owner  or  owners.  The  penalty  aforesaid  and  the  cost  and 
expense  of  repairing,  where  done  by  the  said  Borough 
President  to  be  suj&d  for  and  recovered  in  the  name  of  The 
City  of  New  York.  The  Corporation  Counsel  shall  cause  a 
statement  of  such  cost  and  expense,  together  with  a  descrip- 
tion of  such  premises,  to  be  filed  in  the  office  of  the  County 
Clerk  of  the  County  of  Kings.  (Id.,  sec.  4,  with  verbal 
changes.) 

§  9.  Any  owner  or  owners  of  property  in  the  Borough 
of  Brooklyn  may  lay  a  sidewalk  in  front  of  his,  her  or  their 
premises,  of  such  material  and  in  such  a  manner  as  may 
be  prescribed  by  ordinance,  or  by  the  Borough  President, 
but  no  sidewalk  shall  be  so  laid  unless  under  a  written 
permit  issued  by  the  Borough  President,  which  permit  shall 
state  the  kind  of  material  to  be  used  in  forming  such  side- 
walk. If  bluestone  or  granite  flags  are  to  be  used,  they  shall 
be  of  the  following  dimensions,  to  wit:  Not  less  than  five 
(5)  feet  in  length  nor  less  than  three  (3)  feet  in  width,  and 
not  less  than  two  and  one-half  (214)  inches  in  thickness  at 
the  thinnest  part;  provided,  however,  that  where  a  sidewalk 
is  to  be  laid  the  full  width  thereof,  the  outer  and  inner 
courses  of  flags  may  be  of  a  lesser  length,  but  shall  conform 
to  the  other  courses  in  thickness  and  width.  Each  and 
every  course  to  be  of  flags  of  uniform  length.  The  specifica- 
tions for  flagging  the  sidewalks  of  various  streets  in  the 
Borough  of  Brooklyn  to  be  done  under  public  contracts, 
shall  apply  to  the  work  to  be  done  under  any  permit  issued 
as  aforesaid  in  every  respect,  as  to  quality  of  stone,  founda- 
tion for  flagging,  filling  of  joints,  regulating  the  grade  of 
sidewalks,  relaying  of  sidewalks  to  full  width,  cleaning  up 
rubbish,  defective  work,  condemned  material,  etc.,  so  far  as 
the  same  can  be  made  properly  applicable  to  such  private 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  295 

work.  The  penalty  for  a  violation  of  any  of  the  foregoing 
provisions  shall  be  ten  dollars  for  each  offense. 

It  shall  he  the  duty  of  the  Borough  President  to  insert 
in  all  specifications  for  flagging  sidewalks  with  blue  stone 
flagging  under  proceedings  for  assessing  the  cost  thereof 
upon  the  owner  of  the  abutting  property,  the  following 
provisions: 

"  All  flags  to  be  laid  under  a  contract  of  which  these  speci- 
fications form  a  part  shall  be  of  the  following  dimensions, 
to  wit:  Not  less  than  five  (5)  feet  in  length,  nor  less  than 
three  (3)  feet  in  width,  nor  less  than  two  and  one-half 
(21/2)  inches  in  thickness  at  their  thinnest  part;  provided, 
however,  that  when  the  sidewalk  is  to  be  laid  the  full  width 
thereof,  the  outer  and  inner  courses  of  flags  may  be  of  a 
lesser  length,  but  shall  conform  to  the  other  courses  in 
thickness  and  width  and  each  and  every  course  shall  be  of  a 
uniform  length.  The  flags  shall  be  placed  upon  the  carriage- 
way or  sidewalk  adjoining  the  premises  in  front  of  which 
such  flagging  is  to  be  done  and  shall  not  be  placed  in  position 
until  the  same  have  been  inspected  by  some  authorized 
inspector  from  the  Borough  President,  nor  until  the  bed  for 
such  flags  shall  have  been  approved  by  such  inspector." 
(Id.,  sec,  5,  as  amend.  June  8,  1891,  with  verbal  changes.) 

§  10.  It  shall  be  the  duty  of  the  Borough  President  to 
remove  any  flagging  which  maj'^  be  hereafter  laid  contrary 
to  the  provisions  of  the  preceding  section,  the  cost  and 
expense  of  which,  together  with  the  penalty  aforesaid,  shall 
be  recoverable  in  any  proper  form  of  action  of  the  owner 
or  owners,  or  occupant  of  the  premises  appertaining  to  the 
same  respectively;  such  action  to  be  in  the  name  of  The 
City  of  New  York. 

The  Corporation  Counsel  shall  cause  a  statement  of  such 
cost  and  expense,  together  with  the  description  of  such 
premises,  to  be  flled  in  the  oflice  of  the  County  Clerk  of  the 
County  of  Kings.     (Id.,  sec.  6,  with  verbal  changes.) 

§  11.  In  all  cases  where  the  sidewalk  or  carriageway  of 
a  street  shall  be  encumbered  or  obstructed  by  the  caving 
in  or  falling  off  of  any  dirt,  earth,  rubbish  or  anything  what- 
ever, from  any  lot  adjoining  such  sidewalk  or  carriageway, 
it  shall  be  the  duty  of  the  owner,  owners  or  occupant  of 
such  lot  to  cause  the  said  dirt,  earth,  rubbish  or  other  thing 
to  be  removed  and  cleaned  from  such  sidewalk  or  carriage- 
way vrithin  twenty  days  after  a  written  or  printed  notice 
shall  have  been  served  by  the  Borough  President  or  other 
person  in  his  name,  on  such  owner  or  owners,  or  either  of 
them  personally,  or  shall  have  been  left  at  the  place  of 
residence  of  such  ow^ner  or  owners,  or  either  of  them,  in 
this  city,  or  if  such  owner  or  owners  or  any  of  them  do  not 
reside  in  this  city,  and  such  notice  shall  not  be  personally 
served,  then  within  twenty  days  after  such  notice  shall  be 
sent  by  mail,  addressed  to  such  owner  or  owners  at  his 
place  of  residence,  or  whep.  such  residence  is  iinlfnowi^  to 


296  CODE  OF   OEDINANCES  OF  THE   CITY  OF  NEW  YORK. 

the  said  Boroug"h  President,  posted  in  a  conspicuous  place 
on  said  premises.     (Id.,  sec.  7,  with  verbal  chang-es.) 

§  12.  If  such  owner,  occupant  or  agent  does  not  remove 
such  dirt,  rubbish  or  anj^thing  whatsoever  from  the  side- 
walk or  thoroughfare  fronting  his  premises  within  the  time 
specified  in  the  foregoing  section  after  notice  thereof  it 
shall  be  the  duty  of  the  Borough  President  to  cause  the  same 
to  be  removed  at  the  expense  of  said  owner  or  owners,  his 
or  their  occupant  or  agent,  and  such  expense  shall  be  sued 
for  and  recovered  in  the  name  of  The  City  of  New  York,  in 
addition  to  the  penalty  imposed  by  the  preceding  section. 
The  Corporation  Counsel  shall  cause  a  statement  of  such 
cost  and  expense,  together  with  the  description  of  such 
premises,  to  be  filed  in  the  office  of  the  County  Clerk  of  the 
County  of  Kings.     (Id.,  sec.  8,  with  verbal  changes.) 

§  13.  Any  owner  or  owners  of  property  in  the  Borough 
of  Brooklyn  may  lay  a  granolithic,  cement  or  concrete  side- 
walk in  front  of  his,  her  or  their  premises,  but  no  sidewalk 
shall  be  so  laid  without  a  written  permit  issued  by  the 
Borough  President.  Whenever  such  sidewalk  is  to  be  laid 
there  shall  be  a  foundation  therefor  at  least  twelve  (12) 
inches  in  thickness,  composed  of  steam  cinders  or  clean, 
sharp  gravel  resting  on  a  firm  base.  All  material,  composi- 
tion and  work  shall  conform  to  specifications  approved  by 
the  Chief  Engineer  and  the  Borough  President,  on  file  in  his 
department;  and  all  provisions  of  these  ordinances  as  to  the 
inspection  of  material  or  work  in  the  flagging  of  sidewalks 
or  as  to  the  remedy  to  be  applied  in  the  case  of  flagging 
improperly  laid,  shall  apply  equally  to  the  sidewalks  laid 
under  this  section.     (Id.,  sec.  9,  vdth  verbal  changes.) 

§  14.  The  widths  of  the  roadways  and  the  sidewalks  of 
the  streets  in  the  Twenty-ninth  and  Thirty-second  Wards 
of  the  Borough  of  Brooklyn  are  hereby  fixed  at  the  dimen- 
sions prescribed  by  the  ordinances  of  the  former  City  of 
Brooklyn,  instead  of  the  dimensions  indicated  upon  the  title 
pages  of  the  maps  of  the  former  Towns  of  Flatbush,  New 
Utrecht,  Gravesend  and  Flatlands,  except  in  the  case  of  the 
following-named  streets  and  avenues,  where  the  width  of 
roadways  and  sidewalks  shall  remain  as  shown  upon  the 
above-mentioned  towoi  survey  maps,  and  where  the  streets 
have  already  been  paved: 

Thirteenth  avenue  within  the  limits  of  the  Twenty-ninth 
Ward. 

Sixteenth  avenue  within  the  limits  of  the  Twenty-ninth 
Ward. 

Malbone  street  within  the  limits  of  the  Twenty-ninth  Ward. 

East  New  York  avenue  within  the  limits  of  the  Twenty- 
ninth  Ward. 

Church  avenue  for  its  entire  length. 

Tilden  avenue  (formerly  Vernon  avenue),  between  Flatbush 
avenue  and  Holy  Cross  Cemetery. 

Cortelyou  road  for  its  entire  lengj-th, 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  297 

Clarendon  road  for  its  entire  lengiih. 

Avenue  E  (or  Ditmas  avenue),  between  Coney  Island  ave- 
nue and  West  avenue,  and  betw^een  Kemsen  avenue  and 
Rockaway  avenue. 

Avenue  F,  betw^een  Rog'ers  avenue  and  Ocean  avenue. 

Flatlands  avenue  within  the  limits  of  the  Thirty-second 
Ward. 

Rog-ers  avenue,  from  Malbone  street  to  Flatbush  avenue. 

New  York  avenue,  from  Malbone  street  to  Church  avenue. 

Albany  avenue,  from  Malbone  street  to  its  southerly  end. 

Utica  avenue,  from  East  New  York  avenue  to  Flatbush 
avenue. 

Ralph  avenue,  from  Remsen  avenue  to  Avenue  T. 

Remsen  avenue  for  its  entire  length. 

East  Ninety-second  street  for  its  entire  Length." 

Rockaway  parkway  for  its  entire  length. 

Avenue  T,  between  Ralph  avenue  and  Flatbush  avenue. 

Flatbush  avenue,  between  Malbone  street  and  Jamaica  Bay. 

Nostrand  avenue,  from  Malbone  street  to  the  boundary  line 
between  Thirty-first  and  Thirty-second  Wards. 

Coney  Island  avenue  within  the  limits  of  the  Twenty-ninth 
Ward. 

Brooklyn  avenue,  from  Church  avenue  to  Avenue  C. 

East  Ninety-third  street,  from  Avenue  N  to  Jamaica  Bay. 

East  Ninety-eighth  street  for  its  entire  length. 

Avenue  N,  from  Remsen  avenue  to  East  Ninety-third  street, 
and  from  Flatbush  avenue  to  Avenue  U. 

Avenue  U,  from  Avenue  N  to  .Jamaica  Bay. 

Linden  avenue,  from  East  Ninety-second  street  to  Rock- 
away  parkway. 

Avenue  A  within  the  limits  of  the  Thirty-second  Ward. 

(Ord.  app.  Feb.  28,  1905.) 

Chapter  2. —  Public  Safety  and  Order. 
Article  I. —  General  Provisions. 

§  15.  The  provisions  of  this  ordinance  shall  apply  to  the 
Borough  of  Brooklyn,  and  every  part  thereof,  except  in 
cases  where  otherwise  expressed,  and  the  penalty  for  vio- 
lating any  of  the  same  shall  be  ten  dollars  for  each  offense, 
except  in  cases  where  a  different  penalty  is  by  this  ordinance 
imposed  for  any  violation  thereof,  and  every  person  violating 
any  of  such  provisions  shall  be  liable  for  such  penalty  for 
each  offense  respectively.  (Bk.  Ord.  1886,  ch.  3,  art.  I,  sec.  1, 
with  verbal  changes.) 

Article  II. —  Nuisances. 
§  16.  No  person  shall  swim  or  bathe  in  the  waters  of  or 
abounding  the  Borough  of  Brooklyn  by  daj^  or  in  such  water 
within  200  feet  of  any  ferry  or  other  public  landing  place 
or  bridge,  at  any  time,  without  being  clothed  so  as  to  pre- 
vent any  indecent  exposure  of  the  body.     (Id.,  art.  II,  sec.  1.) 


298         CODE  OF  ORDINANCES  OF  THF  CITY  OF  NEW  YORK. 

§  17.  No  person  shall  deal,  play,  or  engage  in  faro, 
roulette  or  other  device  or  game  of  chance,  hazard  or  ad- 
dress, either  as  banker,  player,  dealer,  or  otherwise,  for  thjd 
purpose  of  gambling.     (Id.,  sec.  4.) 

§  18.  No  person  shall  wash,  or  cause  to  be  washed,  any 
cart,  carriage  or  other  vehicle  in  any  street,  avenue  or  public 
place.     (Id.,  art.  VII,  sec.  6.) 

§  19.  No  person  shall  raise  or  fly,  or  attempt  to  raise  or 
fly,  any  kite  in  any  street  or  avenue.     (Id.,  art.  VII,  sec.  11.) 

§  20.  No  bean  shooter  or  other  instrument  for  throwing 
bullets,  stones  or  beans,  shall  be  sold  or  offered  for  sale  in 
the  Borough  of  Brooklyn,  nor  shall  any  bean  shooter  or 
other  such  instrument  be  used  in  said  city  by  any  person 
for  throwing  bullets,  stones  or  other  missiles  or  carried  in 
said  borough  by  any  person,  with  the  intention  of  being  so 
used,  under  a  penalty  of  not  to  exceed  ten  (10)  dollars  for 
each  and  every  offense.     (Id.,  sec.  12,  with  verbal  changes.) 

§  21.  No  person  shall  throw  or  cast  any  stone  or  other 
missile  in,  from  or  to  any  street,  lane,  public  place  or  unen- 
closed ground.     (Id.,  sec.  16.) 

§  22.  No  person  shall  raise  or  assist  in  raising  a  false 
alarm  of  fire,  or  shall  make  a  cry  of  fire  without  any 
apparent  cause  therefor,  for  the  purpose  of  an  alarm;  or 
shall,  unless  he  be  a  duly  appointed  bell  ringer,  ring  any  bell 
for  the  purpose  of  raising  an  alarm  of  fire,  except  in  case 
of  fire.     (Id.,  sec.  18.) 

§  23.  No  person  shall  encumber  or  obstruct  any  street 
corner  or  other  public  place  of  the  Borough  of  Brooklyn  by 
lounging  in  or  about  the  same.  (Id.,  sec.  25,  with  verbal 
changes.) 

§  24.  No  person  shall  paste,  post,  paint,  print  or  nail 
upon  any  of  the  curb,  gutter  or  fiagstones,  trees,  lamp- 
posts, awning  posts,  horse  posts,  telegraph  poles,  barrels, 
boxes  and  hydrants  in  any  of  the  public  streets  or  avenues 
of  this  borough  any  handbill,  poster,  notice,  sign  or  adver- 
tisement, under  a  penalty  of  ten  dollars  for  each  and  every 
offense.     (Id.,  sec.  26,  with  verbal  changes.) 

Article  III. —  Protection  from  Fire. 

§  25.  No  person  shall  take  or  use  in  any  bam  or  stable 
within  the  said  borough  any  lighted  candle,  oil  or  fluid  lamp, 
or  any  burning  light  of  any  kind  whatsoever,  unless  the 
same  be  inclosed  and  secured  in  a  good  glass,  horn  or  other 
lantern.     (Id,,  art.  IV,  sec.  1,  with  verbal  changes.) 

§  26.  No  person  shall,  within  the  said  borough,  deposit 
ashes  on  the  wooden  fioor  of  any  building,  or  in  any  barrel, 
or  box,  or  other  wooden  vessel  standing  on  any  such  floor, 
or  place  any  such  barrel,  box,  or  other  vessel  containing 
ashes,  upon  any  such  floor.    (Id.,  see.  6,  vdth  verbal  changes.) 

§  27.  No  person  shall  drive  any  vehicle  over  any  hose 
stretched  or  laid  at  any  fire  or  alarm  of  fire  in  the  Borough 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  299 

of  Brooklyn,  under  a  penalty  of  ten  dollars  for  eacli  and 
every  offense.     (Id.,  art.  VII,  sec.  21.) 

Article  lY. —  Atlantic  Avenue  Railroad  Crossing. 
§  28.  No  person  shall  attempt  to  cross  the  railroad  on 
Atlantic  avenue  at  any  street  crossing",  while  the  gates  for 
the  protection  of  such  crossings  are  closed,  or  being  closed, 
undjer  a  penalty  of  five  (5)  dollars  for  every  offense,  and  it 
shall  be  the  duty  of  the  police  at  once  to  arrest  any  person 
so  offending.     (Id.,  ch.  3,  art.  VII,  sec.  33.) 

Article  V. —  Tault  CoverSy  Etc. 
§  29.  No  person  shall  remove  or  insecurely  fix,  or  cause, 
or  procure,  or  suffer,  or  permit  to  be  removed  or  to  be 
insecurely  fixed,  so  that  the  same  can  be  moved  in  its  bed, 
any  grate  or  covering  or  aperture  of  any  vault  or  chute 
under  any  street  or  avenue;  but  nothing  herein  contained 
shall  prevent  the  ow^ner  or  occupant  of  the  building  with 
which  such  shall  be  connected,  from  removing  such  grate 
or  covering  for  the  proper  purpose  of  such  vault  or  chute, 
providing  he  inclose  such  opening  or  aperture,  and  keep  the 
same  inclosed  while  such  grate  or  covering  shall  be  re- 
moved, with  a  strong  box  or  curb  at  least  twelve  inches 
high  firmly  and  securely  made,  and  provided  that  openings 
of  more  than  twx)  square  feet  of  superficial  area  shall  be 
inclosed  at  such  times  with  strong  railings  not  less  than 
three  feet  high,  to  be  approved  by  the  Borough  President, 
and  provided  further  that  such  grates  or  covering  shall  not 
be  removed  until  after  sunrise  of  any  day  and  shall  be 
replaced  before  one-half  hour  after  sunset.  (Sec.  17,  art.  VII, 
ch.  3,  Bk.  ord.  app.  Feb.  18,  1895.) 

Chapter  3.—  Partition  Fences  and  Walls. 

§  30.  All  partition  fences  in  the  Borough  of  Brooklyn  shall 
be  made  and  maintained  by  the  owners  of  the  land  on  each 
side;  and  each  party  shall  make  and  keep  in  repair  one-half 
part  thereof,  when  it  can  be  conveniently  divided.  (Bk.  Ord. 
1886,  ch.  5,  sec.   1,  with  verbal  changes.) 

§  31.  In  case  of  any  disputes  between  the  parties  con- 
cerning the  division  of  any  such  fence,  or  as  to  what  part 
or  portion  of  it  shall  be  made  or  repaired  by  each  party 
respectively,  and  in  all  cases  of  dispute  concerning  the  insuf- 
ficiency of  any  fence  in  the  Borough  of  Brooklyn,  the  matter 
shall  be  determined  by  an  Alderman  of  the  borough  residing 
in  the  ward  in  which  such  partition  or  other  fence  is  situ- 
ated, or  by  an  Alderman  residing  in  an  adjacent  ward,  in 
case  there  should  not  be  a  resident  Alderman  vdthin  the 
boundaries  of  the  ward  in  which  such  dispute  arises.  (Id., 
sec.  2,  with  verbal  changes.) 

§  32.  .When  any  partition  fence  cannot  be  conveniently 
divided,  the  same  shall  be  made  and  kept  in  repair  at  the 


300  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

joint  equal  expense  of  the  owners  of  the  land  on  each  side. 
(Id.,  sec.  3.) 

§  33.  When  the  regulation  of  a  lot,  in  conformity  with 
the  street  on  which  it  is  situated  shall  require  the  ground 
of  such  lot  to  be  raised  and  kept  up  higher  than  the  ground 
of  the  adjoining  lot  or  lots,  and  a  partition  wall  for  sup- 
porting the  same  shall  be  necessary,  such  partition  shall 
be  made  and  maintained  by  the  owners  respectively  of  the 
land  on  each  side;  and  when  the  same  can  be  equally  divided, 
each  party  shall  make  and  keep  in  repair  one-half  part 
thereof.     (Id.,  sec.  4.) 

§  34.  If  any  dispute  shall  arise  concerning  the  division  of 
such  partition  wall  between  the  parties,  or  as  to  what  part 
or  portion  of  it  should  be  made  or  repaired  by  each  party 
respectively,  or  concerning  the  sufficiency  of  any  such  parti- 
tion wall,  the  same  shall  be  determined  by  the  Alderman  as 
aforesaid.     (Id.,  sec.  5.) 

§  35.  Where  any  partition  wall  cannot  be  conveniently 
divided,  the  same  shall  be  made  and  kept  in  repair  at  the 
joint  and  equal  expense  of  the  owners  of  the  land  on  eaclj 
side.     (Id.,  sec.  6.) 

§  36.  The  regulation  of  lots,  in  conformity  with  the  street,, 
shall  be  calculated  not  to  exceed  a  descent  of  two  inches  ta 
every  ten  feet.     (Id.,  sec.  7.) 

§  37.  Where  any  owner  or  owners  shall  insist  on  main- 
taining his,  her  or  their  ground  higher  than  such  regulation, 
the  surplus  partition  wall  which  may  be  necessary  to  sup- 
port such  height  shall  be  made  and  maintained  at  the  indi- 
vidual expense  of  such  owner  or  owners.     (Id.,  sec.  8.) 

§  38.  W^here  any  such  owner  or  owners  shall  insist  on 
regulating  his,  her  or  their  ground  with  descent  less  than 
two  inches  on  every  ten  feet,  the  surplus  partition  wall 
necessary  to  support  the  ground  in  the  adjoining  lot,  regu- 
lated in  conformity  with  the  foregoing  sections,  shall,  in  like 
manner,  be  made  and  maintained  at  the  individual  expense 
of  such  owner  or  owners.     (Id.,  sec.  9.) 

§  39.  If  any  person  whose  duty  it  may  be  to  make  or 
repair  any  partition  wall,  or  any  part  thereof,  in  pursuance 
of  the  provision  of  this  ordinance,  shall  neglect  to  do  so  for 
six  days  after  being  requested,  in  writing,  by  the  ovnier  or 
occupant  of  the  adjoining  ground,  it  shall  be  lawful  for 
such  owner  or  occupant  to  make  or  repair  such  partition 
fence  or  wall,  or  cause  the  same  to  be  done,  and  to  recover 
from  such  person  the  expense  of  making  or  repairing  so 
much  thereof  as  ought  to  have  been  made  or  repaired  by 
him  or  her,  together  with  costs  of  suit,  in  any  court  having 
cognizance  thereof.     (Id.,  sec.  10.) 

§  40.  All  outside  and  boundary  fences,  and  all  fences 
erected  on  the  line  of  any  public  road,  street,  lane  or  avenue 
in  the  Borough  of  Brooklyn,  shall  be  at  least  five  feet  high, 
and  shall  be  built  of  good  and  substantial  materials,  and 
sufficiently  in  all  respects  to  keep  out  and  prevent  the  en- 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  301 

croachment  of  cattle,  sheep,  hogs  and  other  animals,  and 
shall  be  kept  in  good  repair,  and  of  the  height  above  men- 
tioned. Nothing  herein  contained  shall  apply  to  court  yards 
or  iron  railings.     (Id.,  sec.  11,  with  verbal  changes.) 

§  41.  The  owner  or  owners,  lessee  or  lessees,  tenant  or 
tenants  of  any  lot,  piece  of  ground  or  premises,  upon  which 
any  fence,  not  of  the  height,  and  that  shall  not  be  erected 
in  the  manner  and  maintained  at  the  height  mentioned  in 
the  preceding  section,  or  who  having  so  erected  the  same 
shall  not  keep  the  same  in  good  repair,  shall  not  recover 
for  any  damage  he,  they  or  she  may  sustain  from  any  cattle, 
sheep,' hog  or  other  animal  doing  damage  upon  his,  their  or 
her  premises,  unless  such  animals  shall  have  been  unlav^rfully 
at  large;  nor  shall  any  cattle,  sheep,  hogs  or  other  animals 
he  placed  in  pound  for  doing  damage,  unless  such  fence  be 
erected  and  kept  of  the  height,  and  in  the  manner  mentioned 
in  the  eleventh  section,  unless  such  animals  shall  have  been 
unlawfully  at  large.     (Id.,  sec.  12.) 

§  42.  In  case  any  dispute  between  the  parties  concerning 
any  fence  embraced  within  this  chapter,  or  the  sufficiency 
thereof,  the  matter  shall  be  determined  by  an  Alderman  of 
the  borough  residing  in  the  ward  in  which  such  fence  is 
situated,  or  by  an  Alderman  residing  in  an  adjoining  ward, 
in  case  there  should  not  be  a  resident  Alderman  within  the 
boundaries  of  the  ward  in  which  such  dispute  arises.  (Id., 
sec.  13,  with  verbal  changes.) 

§  43.  Any  owner  of  a  vacant  lot  or  lots  in  the  borough 
who  shall  refuse  or  neglect  to  fence  the  same,  after  having 
received  ten  days'  notice  of  the  adoption  by  the  Board  of 
Aldermen  of  an  ordinance  directing  him  to  fence  the  same, 
in  pursuance  of  an  order  of  the  Department  of  Health, 
declaring  the  same  necessary  to  abate  a  nuisance,  shall 
incur  a  penalty  of  five  dollars  ($5),  and  of  five  dollars  ($5) 
for  every  ten  days  thereafter  that  such  lot  or  lots  continue 
unfenced.     (Id.,  sec.  14.) 

Chapter  4. —  Street  Musicians. 

§  44.  No  person  shall  engage  in  the  business  of  a  street 
musician  playing  for  hire  or  voluntary  contributions  from 
door  to  door,  or  otherwise,  without  having  first  obtained  a 
license  therefor.  Licenses  shall  be  granted  for  such  purpose 
by  the  Mayor  upon  the  terms  and  conditions  hereinafter  pro- 
vided. The  provisions  of  this  ordinance  shall  apply  only  to 
itinerant  musicians  and  shall  not  be  construed  so  as  to  affect 
any  band  of  music  or  organized  musical  or  religious  societies 
engaged  in  any  military  or  civic  parade,  or  to  any  musical 
performance  conducted  under  a  license  from  municipal 
authority.     (Ord.  app.  Jan.  4,  !1897,  sec.  1.) 

§  45.  I/icenses  to  carry  on  the  occupation  of  street  musi- 
cian shall  be  granted  by  the  Mayor  to  such  persons  who 
apply  therefor,  provided  that  the  person  or  persons  applying 
shall  have  been  residents  of  the  Borough  of  Brooklyn  for 


302  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YOBK. 

at  least  one  year  prior  to  such  application,  and  shall  pay 
for  such  license  the  sum  of  ten  dollars,  said  license  to  be 
renewed  from  year  to  year  upon  the  annual  payment  of 
said  license  fee.  The  term  of  residence  required  by  this 
ordinance  shall  be  proved  by  affidavit  of  the  person  applying* 
for  such  license  and  of  two  other  persons  residents  of  said 
borough,  which  affidavits  shall  state  the  different  places  of 
residence  in  said  borough  occupied  by  said  applicant  during 
the  year  preceding  such  application.  (Id.,  sec.  2,  with  verbal 
changes.) 

§  46.  No  person  shall  use  or  perform  with  any  musical 
instrument,  including  a;  hand  organ,  in  any  of  the  streets  or 
public  places  of  the  Borough  of  Brooklyn  before  the  hour 
of  nine  a.  m.,  or  after  the  hour  of  nine  p.  m.  of  each  day, 
nor  during  any  part  of  the  first  day  of  the  week,  commonly 
called  Sunday,  nor  vdthin  a  distance  of  500  feet  of  any 
schoolhouse  or  house  of  public  worship  during  school  hours 
or  hours  of  public  worship,  respectively,  nor  within  like 
distance  of  any  hospital,  asylum  or  other  institution,  nor 
within  a  distance  of  250  feet  of  any  dwelling  house  or  other 
building  where  directed  or  requested  by  any  occupant  thereof 
not  to  so  perform.    (Id.,  sec.  3,  with  verbal  changes.) 

§  47.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  liable  for  a  penalty  of  ten  dollars  for 
each  and  every  offense.     (Id.,  sec.  4.) 

Chapter  5.—  Kailroads. 

§  48.  Bate  of  Speed. —  No  street  surface  railroad  car 
operated  by  electricity  in  any  of  the  streets,  avenues  or 
public  places  of  the  Borough  of  Brooklyn,  shall  be  run  at 
a  rate  of  speed  to  exceed  six  miles  an  hour  within  a  radius 
of  one  and  one-half  miles  from  the  Borough  Hall,  or  within 
a  radius  of  two  miles  from  the  Broadway  ferries,  nor  in  any 
other  part  of  the  first  twenty-eight  wards  of  said  borough 
at  a  rate  of  speed  to  exceed  eight  miles  an  hour.  (Bk.  Ord. 
adopted  March  25,  1S95,  sec.  1,  with  verbal  changes.) 

§  49.  Stoppage  of  Cars. —  Outside  of  the  limits  of  Fulton 
street,  Mrytle  avenue,  Broadway  and  Grand  street,  defined 
in  the  first  section  of  this  ordinance,  no  such  street  surface 
railroad  car  shall  stop  inside  of  any  block  which  does  not 
exceed  300  feet  in  length.  In  the  case  of  blocks  exceeding 
in  length  300  feet  there  shall  be  a  stopping  place  located  in 
the  middle  thereof  and  indicated  by  a  sign  bearing  the 
words  "  Trolley  Station.'*  All  such  cars  must  be  brought 
to  a  full  stop  before  crossing  the  following-named  streets 
and  avenues,  viz.:  Bedford  avenue,  Eastern  parkway,  Hancock 
street,  St.  Mark's  avenue,  Schermerhorn  street.  State  street, 
Dean  street,  Nevins  street,  Lincoln  place,  Berkeley  place. 
First  street.  Third  street,  Clinton  ayenue,  Bushwick  avenue, 
Greene  avenue,  Lafayette  avenue,  Stuyvesant  avenue.  Union 
street*  Second  street,  Sixtieth  street,  Ninety-second  street, 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YOBK.  303 

Sixth  avenue,  Eighteenth  avenue,  Throop  avenue,  Jefferson 
avenue,  Heyward  street,  Grand  street,  Leonard  street,  Fifth 
street,  Eighth  street,  Fourteenth  street.  Thirteenth  avenue, 
Henry  street,  Berry  street.  Metropolitan  avenue,  and  at  junc- 
tion of  Fulton,  Clinton  and  Liberty  streets,  Bridge  street, 
Albany  avenue,  New  York  avenue,  Grand  avenue,  Lewis 
avenue  and  Thirteenth  street,  and  between  the  hours  of 
eight  A.  M.  and  nine  A.  M.,  twelve  M.  to  one  P.  M.,  three  P.  M. 
to  four  P.  M.,  they  shall  be  brought  to  a  full  stop  before 
crossing  any  street  on  which  a  school  is  located  on  the 
adjoining  block,  but  such  stoppages  shall  not  be  for  the 
purpose  of  receiving  or  discharging  passengers.  Passengers 
shall  be  received  and  discharged  only  from  the  rear  plat- 
form and  at  the  far  crossing.  (Id.,  sec,  2,  as  amend.  Dec.  13, 
1897.) 

§  50.  No  person  except  motormen,  conductors  or  police 
officers  in  uniform  shall  be  allowed  on  the  front  platform  of 
any  such  cars  when  in  operation,  except  that  such  front  plat- 
forms shall  be  used  for  the  ingress  and  egress  of  passengers 
at  stoppages.  The  rear  platforms  of  cars  shall  also  be  used 
for  the  ingress  and  egress  of  passengers.  (Id.,  sec.  3,  as 
amend.  April  22,  1895.) 

§  51.  Platform  Gate. —  The  rear  platform  gate  on  the 
track  side  of  every  such  car  shall  be  always  kept  closed. 
(Id.,  sec.  4.) 

§  52.  Accidents. —  That  any  individual  company  or  cor- 
poration running  cars  upon  the  streets  of  Brooklyn  shall, 
on  or  before  twelve  o'clock  noon  of  each  day  report  to  the 
Commissioner  of  Police,  in  writing,  all  casualties  or  acci- 
dents and  the  nature  thereof,  occurring  upon  the  road  under 
its  management  whereby  any  person  has  suffered  or  sus- 
tained injury  during  the  "day  of  twenty-four  hours  preceding 
the  day  of  report.     (Id.,  sec.  6.) 

§  53.  Penalty. —  Any  corporation  whose  officers,  agents  or 
servants  shall  wilfully  or  negligently  violate  any  of  the 
provisions  of  this  ordinance  shall  be  liable  for  a  penalty  in 
the  sum  of  twenty-five  dollars  for  each  and  every  offense. 
(Id.,  sec.  7.) 

§  54.  Each  and  every  railroad  company  or  companies 
operating  cars  upon  any  of  the  streets,  avenues  or  public 
places  in  the  Borough  of  Brooklyn,  whose  motive  power  is 
electricity,  shall  place  or  cause  to  be  placed  upon  the  motor 
of  said  car  or  cars  a  check  or  governor,  whereby  it  will  be 
impossible  to  exceed  a  speed  of  ten  miles  an  hour  on  grade. 
(Bk.  Ord.  adopted  April  1,  1895,  sec.  1,  with  verbal  changes.) 
§  55.  There  shall  be  placed  in  each  and  every  car  operated 
in  or  upon  any  of  the  streets,  avenues  or  public  places  in 
the  Borough  of  Brooklyn,  whose  motive  power  is  electricity, 
an  indicator,  in  full  view  of  any  passenger  or  passengers 
that  may  be  upon  said  car,  indicating  the  rate  of  speed  that 
Raid  car  or  cars  are  traveling.  (Id.,  sec.  2,  with  verbal 
changes,  amend,  loj  ord.  app*  Nov,  23,  1906.) 


304  CODE  OF  OEDINANCES  OF  THE  CITY  OF  NEW  YOEK. 

§  5G.  Each  and  every  railroad  company  operating-  car?  by 
^electricity  on  any  of  the  streets,  avenues  or  public  places 
in  the  Borough  of  Brooklyn,  shall  equip  each  and  every  car 
BO  operated  with  a  safety  fender  or  safeguard  attached  to 
the  front  platform  of  said  car  or  cars,  which  shall  extend 
from  the  platform  of  said  car  or  cars  to  within  not  more 
than  three  inches  from  the  tracks,  and  to  be  made  and 
modeled  in  such  a  manner  that  it  will  be  impossible  for  any 
person  or  persons  to  pass  under  the  fender  or  the  platform 
of  said  car  or  cars  and  come  in  contact  with  the  wheels  of 
said  car.  The  said  front  platform  of  said  car  to  be  construed 
as  the  platform  occupied  by  the  motorman,  no  matter  in 
what  direction  th£  said  car  may  be  going.  (Id.,  sec.  3,  with 
verbal  changes.     Amend,  by  ord.  app.  Nov.  23,  1906.) 

§  57.  No  railroad  company  operating-  cars  by  electricity 
upon  any  of  the  streets,  avenues  or  public  places  of  the 
Borough  of  Brooklyn,  for  the  purpose  of  carrying  passen- 
gers, shall  carry  more  passengers  than  fifty  per  cent,  more 
than  its  seating  capacity.     (Id.,  sec.  4,  with  verbal  changes.) 

§  58.  Penalty. —  Any  corporation  whose  officers,  agents  or 
servants  shall  wilfully  or  negligently  violate  any  of  the 
provisions  of  this  ordinance  shall  be  liable  for  a  penalty  in 
the  sum  of  twenty-five  dollars  for  each  and  every  offense. 
(Id.,  sec.  5.) 

Surface  Railroad. 

§  59.  The  amount  to  be  paid  by  the  railroad  companies 
in  the  Borough  of  Brooklyn  to  The  City  of  New  York  for 
running  their  cars  shall  be  calculated  on  the  average  number 
of  cars  running  annually  on  each  route  respectively,  exclud- 
ing the  extra  cars  run  on  holidays.  (Bk.  Ord.  1886,  ch.  2, 
art.  V,  sec.  3,  with  verbal  changes.) 

§  60.  It  shall  not  be  lawful  for  any  person  or  persons 
to  smoke  inside  or  upon  the  platforms  of  any  car  or  other 
public  conveyance  in  the  Borough  of  Brooklyn.  (Id.,  sec.  5, 
with  verbal  changes.) 

§  61.  Contractors,  drivers  or  other  employees  are  pro- 
hibited from  eating  their  meals  in  or  upon  any  car,  or  other 
public  conveyance,  while  making  a  trip.     (Id.,  sec.  6.) 

§  62.  No  car  shall  be  used  by  any  of  the  railroad  com- 
panies upon  their  respective  routes  which  may  have  a 
broken  window  or  door,  or  insufficient  fastening,  or  be  other- 
vdse  damaged,  longer  than  during  the  day  such  break,  insuf- 
ficient fastening  or  damage  may  occur,  nor  shall  any  bell, 
rope  or  indicator  rope  on  each  car  be  so  arranged  as  to  hang 
over  either  platform  thereof  from  the  roof  thereof.  The 
penalty  for  violating  the  provisions  of  this  section  shall  be 
ten  dollars  for  each  car  for  each  and  every  day  said  car  is 
operated  in  violation  thereof.  (Id.,  sec.  7,  as  amend.  Dee. 
23,  1895.) 

§  63.  All  railroad  cars  shall  be  distinctly  numbered,  both 
Inside  and  outside,  and  the  cars  of  different  routes  running 
in  part  on  the  same  track  shaK  be  distinguished  by  a  dif- 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  305 

ference  of  color,  and  the  appropriate  lettering"  to  indicate 
the  streets  or  routes  upon  which  the  same  run;  and  in  the 
night  shall,  in  all  cases,  be  sufficiently  distinguished  by  the 
form  or  color  of  their  signal  lights,  so  as  to  prevent  the 
cars  of  different  routes  being  mistaken  for  each  other.  (Id., 
sec.  8.) 

§  64.  No  person  who  shall  be  indecent  or  scandalous  in 
behavior,  or  filthy  or  foul  in  person,  shall  be  carried  in  the 
cars;  nor  shall  any  conductor  allow  any  such  person  to 
remain  in  the  cars.     (Id.,  sec.  9.) 

§  65.  It  shall  be  the  duty  of  every  conductor  and  driver 
to  give  his  name  to  any  passenger  who  shall  request  the 
same.     (Id.,  sec.  11.) 

§  66.  The  Brooklyn  City  Railroad  shall  be  subject  to  the 
foUovdng"  regulations:  (1)  There  shall  be  at  all  times  when 
practicable,  between  the  hours  of  six-thirty  A.  M.  and 
twelve-thirty  at  night,  from  the  fifteenth  of  November  to 
the  first  of  May,  and  the  hours  of  five-fifteen  A.  M.  and 
twelve-thirty  P.  M.,  in  the  other  months,  cars  running  on 
the  respective  routes  of  the  said  company  from  the  ferries 
to  their  respective  depots  as  the  public  travel  shall  require; 
and  beyond  the  respective  depots  of  the  said  routes,  and  on 
Hamilton  avenue,  the  said  company  shall  run  cars  at  such 
times  as  shall  be  required  by  the  Board  of  Aldermen.  (Id., 
sec.  14,  wdth  verbal  changes.) 

§  67.  The  said  companies  shall  be  subject  to  a  penalty  of 
fifty  dollars  for  any  violation  on  their  part  of  any  provision 
of  this  article  and  it  shall  be  the  duty  of  the  police  to 
enforce  the  provisions  of  this  article.     (Id.,  sec.  18.) 

§  68.  It  shall  be  the  duty  of  the  police  to  daily  report 
all  violations  of  laws,  ordinances  and  regulations  appertain- 
ing to  railroads,  or  other  public  conveyances,  to  the  Cor- 
poration Counsel.     (Id.,  sec.  19,  with  verbal  changes.) 

§  69.  It  shall  not  be  lawful  for  any  railroad  company  to 
lay  more  than  a  single  track  on  any  street  or  highway 
therein  when  the  roadway  of  such  street  or  highway  shall 
not  exceed  thirty  (30)  feet  in  width.  (Bk.  ord.  adopted  Oct. 
15,  1894.) 

§  70.  No  engine  (running  upon  the  railroad  track  laid 
upon  and  along  Atlantic  avenue)  eastward  bound  shall 
depart  from  the  station  of  the  Long  Island  Railroad  Com- 
pany at  Flatbush  avenue  more  frequently  than  once  in  five 
minutes,  and  that  no  engine  westward  bound  and  running 
upon  said  track  shall  depart  from  Jamaica  to  run  over  said 
Atlantic  avenue  more  than  once  in  five  minutes.  That  is, 
there  shall  be  an  interval  of  five  minutes  between  the 
departure  of  all  engines  eastward  or  westward  bound  from 
Flatbush  avenue,  or  from  the  point  where  the  Manhattan 
Beach  Branch  joins  the  main  line.  The  blowing  of  whistles 
and  the  ringing  of  bells  shall  not  be  permitted.  No  freight 
or  passenger  car  detached  from  an  engine  shall  remain 
longer  than  ten  minutes  in  any  public  street.  Bituminous 
80 


306  CODE  OP  ORDINANCES  OF  THE  CITY  OP  NEW  YOUK. 

coal  shall  not  be  used  on  any  engine  running  upon  said 
railroad.  At  each  street  crossing  between  Linwood  street 
and  Flatbush  avenue  men  shall  be  continually  stationed  at 
all  hours  of  the  night  and  day  when  trains  are  in  motion, 
and  all  crosswalks  between  such  street  crossings  shall  be 
properly  guarded  by  gates  which  shall  also  be  closed  during 
the  passage  of  each  train.  Strong  heavy  gates  at  least 
twenty  feet  in  width  shall  be  placed  at  each  street  crossing 
and  closed  before  the  passage  of  any  engine  or  train. 
Whenever  platforms  are  placed  in  the  streets  for  accommo- 
dation of  passengers,  the  railroad  company  shall  at  its  own 
expense  keep  the  entire  street  between  the  platform  and 
the  curb  wherever  paved,  and  where  unpaved,  in  a  cleanly 
and  passable  condition.  This  shall  be  construed  to  apply 
to  each  station  and  each  platform  wherever  erected  within 
the  said  limits  along  said  avenue.  The  penalty  for  each  and 
every  violation  of  any  of  the  provisions  of  this  ordinance 
Bhall  be  $100.  It  shall  be  the  duty  of  the  police  to  make 
daily  reports  of  any  violation  of  this  ordinance,  and  on  the 
complaint  to  the  President  of  the  Borough  by  any  three 
citizens  of  any  -violation  of  this  ordinance,  he  may  proceed 
against  the  Long  Island  Railroad  Company  in  due  manner 
for  the  enforcement  of  this  ordinance  and  the  collection  of 
siaad  penalties.  (Bk.  ord.  adopted  April  8,  1895,  with  verbal 
changes.) 

Chapter  6. —  Miscellaneous  Ordinances. 

J.   The  Use  of  Court  Yards  on  BusfiwicTc  Avenue  Boulevard. 

§  71.  No  person  or  persons  shall  erect  or  construct  upon 
the  twenty  feet  on  each  side  of  the  Bushwick  Avenue  Boule- 
vard, by  law  set  apart  to  be  used  as  court  yards  only,  any 
piazza  veranda^  covered  or  inclosed  porch,  platform,  or 
erection  other  than  stoops,  steps  or  platforms,  with  open 
backs  and  sides,  or  railing  not  to  exceed  seven  feet  in 
height,  or  to  extend  upon  said  court  yards  more  than  seven 
feet,  or  of  a  greater  width  than  is  necessary  for  the  pur- 
pose of  a  convenient  passageway  into  the  houses  or  build- 
ings to  which  the  same  shall  be  attached;  nor  shall  any 
person  or  persons  dig,  build  or  construct  any  area  into  said 
court  yard.     (Bk.  ord.  1886,  ch.  VI.) 

II.  Fence  Line  Privileges  on  Newkirk  Avenue. 

§  72.  All  court  yard,  fence  line  and  stoop  privileges  are 
hereby  prohibited  and  withdrawn  on  Newkirk  avenue, 
between  Flatbush  avenue  and  Coney  Island  avenue,  and  that 
it  will  be  unlawful  to  build,  project  or  place  any  fence, 
stoop,  piazza,  projection  or  encumbrance  whatever  beyond 
the  private  property  line  of  the  said  street  between  Flat- 
bush avenue  and  Coney  Island  avenue.  (Ord.  app.  Oct.  11, 
1905.) 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  307 

III.  Display  of  House  Numbers. 

§  73.  The  owner  or  occupant  of  every  private  dwelling" 
house  in  the  Borough  of  Brooklyn  shall  cause  the  street 
number  of  the  same  to  be  plainly  and  legibly  displayed  in 
such  manner  that  the  same  may  be  seen  and  read  at  all 
times  of  the  day  or  night. 

Any  person  violating  the  provisions  of  this  ordinance  shall 
be  liable  to  pay  a  penalty  of  ten  dollars.  (Bk.  ord.  adopted 
Oct.  25,  1897.) 

rv.   Canarsie  Cemetery. 

§  74.  The  cemetery  situated  on  the  southerly  side  of 
Church  lane,  in  the  Thirty-second  Ward  of  the  Borough  of 
Brooklyn,  in  The  City  of  New  York,  which  was  formerly 
owned  by  the  Town  of  Flatlands,  shall  hereafter  be  known 
as  Canarsie  Cemetery,  Borough  of  Brooklyn,  City  of  New 
York.  The  Mayor  of  The  City  of  New  York  is  hereby 
authorized  to  appoint  a  commission  of  three  members,  each 
of  whom  at  the  time  of  his  appointment  shall  have  been  a 
resident  of  the  Thirty-second  Ward  for  three  years,  to  have 
full  charge  and  control  of  said  cemetery.  Each  of  the  mem- 
bers of  said  commission  shall  serve  without  compensation 
during  the  pleasure  of  the  Mayor.  The  commission  shall 
have  power  to  charge  fees  for  the  opening  of  graves  suffi- 
cient to  pay  for  the  maintenance  of  the  cemetery,  and  also 
to  make  and  enforce  such  rules  and  perform  such  other  acts 
as  said  commission  decides  are  necessary  for  the  proper 
care  of  said  cemetery.     (Ord.  app.  July  3,  1899.) 

y.   Watering  Horses. 

§  75.  No  person  shall  suffer  or  permit  any  horse  or  other 
animal  to  drink  from  a  pail  or  other  vessel  while  the  same  is 
suspended  from  or  attached  to  the  spout  or  other  part  of 
any  public  pump  or  hydrant  in  any  street  or  public  grounds. 
(Bk.  ord.  1886,  ch.  Ill,  art.  VII,  §  8.) 

YI.  Dog  Snatching. 

§  76.  Any  person  who  shall  remove,  or  cause  to  be 
removed,  the  collar  to  which  is  attached  the  license  tag 
or  either  or  them  from  the  neck  of  any  dog,  or  shall  entice 
any  properly  licensed  dog  into  any  inclosure  for  the  pur- 
pose of  taking  off  its  collar  or  license  tag  or  either  of  them, 
or  shall  for  such  purpose  decoy  or  entice  any  animal  out  of 
the  inclosure  or  house  of  its  owner  or  possessor,  or  shall 
seize  or  molest  any  dog  while  held  or  led  by  any  person,  or 
while  properly  muzzled,  or  while  wearing  a  collar  with  a 
proper  license  tag  attached,  or  shall  bring  any  dog  into  the 
Borough  of  Brooklyn  for  the  purpose  of  taking  up  and  kill- 
ing or  selling  the  same,  shall  forfeit  and  pay  a  sum  of  not 
more  than  twenty  dollars  ($20).  (Id.,  art.  Ill,  sec.  14,  with 
Tcrbal  changes.) 


308  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

VII.   Speed  on  Bridges. 
§  77.     No   person   or   persons   shall   drive   or   cause  to   be 
driven  over  or  upon  any  of  the  bridges  in  the  Borough  of 
Brooklyn,  any  animal  or  vehicle  at  any  other  pace  than  a 
walk,  under  a  penalty  of  five  dollars  for  each  offense. 

YIII.  Bells  on  Junk  Carts. 

§  78.  No  junkman  or  other  person  engaged  in  the  buying 
or  selling  of  goods,  chattels  or  merchandise  of  any  kind 
in  the  Borough  of  Brooklyn,  shall  use  or  employ  on  any 
street,  lane  or  avenue  of  said  borough,  either  by  having  the 
same  attached  to  his  vehicle  or  horse,  or  in  any  other  man- 
ner, any  bell  exceeding  six  ounces  in  weight,  or  more  than 
three  bells  at  any  one  time,  or  cause  or  allow  the  same  to  be 
done  under  a  penalty  of  ten  dollars  for  each  and  every 
offense,  to  be  severally  paid  by  the  person  doing  and  the 
person  causing  the  same  to  be  done.  (Bk.  ord.  1886,  ch.  Ill, 
art.  VII,  sec.  30,  with  verbal  changes.) 

IX.   Marking  Hay  Bales. 

§  79.  It  shall  not  be  lawful  for  any  person  to  sell  or  offer 
for  sale  within  the  limits  of  the  Borough  of  Brooklyn  any 
hay  or  straw  by  the  bale,  unless  the  exact  gross  or  net 
weight  shall  be  legibly  and  distinctly  marked  on  every  such 
bale  of  hay  or  straw,  under  a  penalty  of  ten  dollars  ($10) 
for  each  bale  of  hay  or  straw  so  sold  or  offered  for  sale. 
(Id.,  see.  31,  with  verbal  changes.) 

X.   Injury  to  Bridges. 

§  80.  Every  master  or  owner  of  any  steamboat,  steam- 
tug,  canal  boat  or  sailing  vessel,  who  shall  through  his  fault 
or  negligence,  or  through  the  fault  or  negligence  of  his 
servant,  agent  or  emploj'ee,  injure,  or  cause  or  permit  to  be 
injured,  any  bridge  belonging  to  the  Borough  of  Brooklyn, 
or  in  the  charge  or  under  the  management  of  the  said 
borough,  or  of  any  officer,  officers  or  department  of  the 
said  borough,  shall  be  liable  to  a  penalty  of  not  less  than 
ten  dollars  nor  more  than  $250  for  each  and  every  such 
offense. 

XI.   Theatrical  Billboards. 

§  81.  Billboards  or  signs  (not  exceeding  two  in  number), 
to  advertise  theatrical  performancjes  or  public  entertain- 
ments, may  be  placed  upon  the  sidewalk  in  front  of  theatres 
and  places  of  public  entertainment  adjacent  to  the  curb, 
but  each  of  said  billboards  or  signs  shall  not  occupy  a  space 
across  the  street  of  more  than  nine  inches  and  shall  not  be 
more  than  three  feet  in  width  parallel  to  the  street,  and 
shall  not  be  less  than  fifteen  feet  apart. 


CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  309 

XII.  Protection  of  Piers  at  Wallahout,  Etc. 
§  82.  No  person  or  persons  shall  use  or  employ  any  horse 
or  other  animal  on  any  public  dock,  bulkhead  or  pier  at  the 
Wallabout  or  at  the  foot  of  Washington  avenue,  for  the 
purpose  of  loading  or  unloading  any  vessel  lying  at  said 
docks,  bulkheads  or  piers,  with  any  description  of  apparatus 
necessitating  the  going  to  and  fro  in  a  direct  line  of  said 
horse  or  animal,  unless  he  or  they  shall  place  upon  the 
same  a  temporary  flooring  of  planks  to  prevent  the  wearing 
or  rotting  of  the  deck  of  the  dock,  bulkhead  or  pier  so  used, 
and  such  temporary  flooring  shall  be  removed  immediately 
after  the  loading  or  unloading  of  said  vessel  by  the  person 
or  persons  using  the  same,  under  the  penalty  of  twenty-five 
dollars  for  each  and  every  violation  of  the  provisions  of  this 
section. 

PAKT  IV. 

Ordinances  Relating  to  that  Section  of  the  City  of  New  York 
Formerly  Knovm  as  Long  Island  City. 

Chapter  1. —  Public  Safety  and  Obdeb. 

Article  I. —  Hydrants. 

Section  1.  If  any  person,  except  one  of  the  engineers  or 
foremen  of  the  fire  companies,  or  by  special  permit  from 
the  Department  of  Water  Supply,  Gas  and  Electricity,  shall 
unscrew  any  of  the  hydrants  belonging  to  the  City  Water 
Works,  erected  for  the  extinguishment  of  fires,  or  interfere 
with  the  same,  or  any  part  of  the  works  belonging  to  the 
said  establishment,  or  any  or  either  of  the  pipes,  hydrants, 
stop-cocks,  or  any  part  of  the  works  may  be  injured,  or  the 
water  taken  therefrom  or  wasted,  they  shall  be  liable  to  a 
penalty  of  fifty  dollars  for  each  and  every  such  ofEense. 
(L.  I.  ord.  1893,  ch.  XII,  sec.  1,  with  verbal  changes.) 

Article  II. —  Washing  Horses  and  Carriages. 

§  2.  No  person  shall  wash,  or  cause,  or  procure,  or  per- 
mit to  be  washed,  any  horses  or  carriage  within  twenty-five 
feet  of  any  pump  in  any  street  in  that  section  of  the  city 
formerly  known  as  Long  Island  City,  under  the  penalty  of 
ten  dollars  for  every  such  ofllense.     (Id.,  sec.  2.) 

Article  III. —  Cellar  Doors,  Steps  and  Street  Obstructions. 

§  3.  No  person  or  persons  shall  construct  or  continue 
any  cellar  door  which  shall  extend  more  than  one-twelfth 
part  of  any  street,  or  more  than  five  feet  into  any  street, 
under  the  penalty  of  fifty  dollars  for  each  offense.  (Id., 
ch.  XVII,  sec.  2.) 

§  4.  Every  entrance  or  flight  of  steps  projecting  beyond 
the  house-line  of  the  street  and  descending  into  any  cellar 


310  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

or  basement  story  of  any  house  or  other  building,  where 
such  entrance  or  flight  of  steps  shall  not  be  covered,  shall 
be  enclosed  with  a  railing  on  each  side,  permanently  put 
up,  from  three  to  three  and  one-half  feet  high,  with  a  gate 
to  open  inwardly,  or  with  two  iron  chains  across  the  front 
of  the  entranceway,  one  near  the  top  and  one  in  the  centre 
of  the  railing,  to  be  closed  during  the  night,  unless  there 
be  a  burning  light  over  the  steps  to  prevent  accidents,  under 
the  penalty  of  twenty-five  dollars  for  every  offense,  to  be 
recovered  from  the  owner  or  lessee  thereof,  severally  and 
respectively.     (Id,,  sec.  3.) 

§  5.  The  owner  of  any  such  building  shall  not  be  liable 
for  the  said  penalty  for  not  keeping  any  such  gate  closed 
or  chains  fastened  across  the  front  of  such  entrance  or 
flight  of  steps,  when  not  the  actual  occupant  thereof,  until 
after  five  days'  notice,  in  writing,  from  the  President  of  the 
Borough,  anything  to  the  contrary  in  this  chapter  contained 
notwithstanding.     (Id.,  sec.  4,  with  verbal  changes.) 

§  6.  No  person  or  persons  shall  hereafter  construct  any 
porch  over  a  cellar  door  under  the  penalty  of  fifty  dollars. 
(Id.,  sec.  6.) 

§  7.  No  person  or  persons  shall  construct  or  continue  any 
platform,  stoop  or  step  in  any  street  in  that  section  of  the 
city  formerly  known  as  Long  Island  City  which  shall  extend 
more  than  one-tenth  part  of  the  width  of  the  street,  nor 
more  than  six  feet,  nor  with  any  other  than  open  backs  or 
sides,  or  railing;  nor  of  greater  width  than  is  necessary 
for  the  purpose  of  a  convenient  passageway  into  the  house 
or  building;  nor  any  stoop  which  shall  exceed  five  feet  in 
height  under  the  penalty  of  fifty  dollars.  (Id.,  sec.  7,  with 
verbal  changes.) 

§  8.  All  persons  who  wish  hereafter  to  erect  balustrades 
projecting  beyond  the  street  line  shall  first  obtain  a  written 
permit  from  the  President  of  the  Borough.  (Id.,  sec.  9, 
with  verbal  changes.) 

§  9.  No  balustrades  shall  hereafter  be  erected,  excepting 
from  the  second  story  of  any  house,  nor  shall  it  project 
more  than  one-twentieth  of  the  width  of  the  street  wherein 
it  may  be  erected,  nor  more  than  three  feet  in  any  case 
whatever.     (Id.,  sec.  10.) 

§  10.  No  braces  or  railings  shall  be  used  for  balustrades 
unless  the  strength  and  firmness  shall  have  been  tested  or 
approved  by  the  President  of  the  Borough,  and  in  case  he 
shall  object  to  the  same,  it  shall  be  made  as  he  shall  direct 
or  removed,  under  the  penalty  of  five  dollars  for  each  day's 
maintenance.     (Id.,  sec.  11,  with  verbal  changes.) 

§  11.^  No  person  shall  place  or  fix,  or  continue  in  any 
street  in  this  city,  any  awning-post,  or  any  cloth  or  canvas 
for  an  awning,  unless  under  the  direction  of  the  President 
of  the  Borough  and  made  comforably  to  the  next  section  of 
this  chapter,  under  the  penalty  of  five  dollars  for  each 
offense.     (Id.,  sec.  12,  with  verbal  changes.) 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  311 

§  12.  No  posts  fixed  in  any  street  for  the  purpose  of  sup- 
porting any  awning  shall  exceed  nine  inches  in  diameter, 
and  the  rail  crossing  the  same  shall  not  exceed  seven  inches 
in  width  or  height  and  four  inches  in  thickness;  the  said 
posts  shall  be  placed  next  to  and  along  the  inside  of  the 
curbstone,  and  the  upper  side  of  the  rail,  which  is  intended 
to  support  the  awning,  shall  not  be  less  than  eight  feet  nor 
over  ten  feet  in  height  above  the  sidewalk,  and  the  cross-rail 
shall  be  strongly  mortised  through  the  upright  posts.  (Id., 
sec.  13.) 

§  13.  It  shall  be  the  duty  of  the  President  of  the  Borough 
to  order  and  direct  any  awning-post  which  is  erected  or  con- 
tinued in  any  street  in  that  section  of  the  city  formerly 
known  as  Long  Island  City  contrary  to  the  provisions  of 
this  ordinance  to  be  forthwith  removed;  and  any  person 
who  shall  neglect  or  refuse  to  comply  with  such  direction 
and  order,  shall  forfeit  and  pay  for  every  such  offense  the 
sum  of  five  dollars.     (Id.,  sec.  14,  with  verbal  changes.) 

§  14.  The  owners  or  occupants  of  property  in  any  street 
of  this  city  exceeding  the  width  of  forty  feet  and  from  which 
the  wooden  awning-posts  have  been  or  may  hereafter  be 
directed  to  be  removed,  shall  be,  and  they  are  hereby  per- 
mitted to  erect  in  front  of  their  respective  buildings  thereon 
iron  posts,  and  none  others,  for  the  support  of  awnings,  with 
an  iron  cross-rail,  which  shall  be  nine  feet  and  no  more, 
from  the  curbstone  to  the  top  of  said  rail;  said  post  shall  be 
placed  eight  inches  within  the  outer  side  of  the  curbstone, 
having  the  approval  of  the  President  of  the  Borough.  (Id., 
sec.  15.) 

§  15.  Such  iron  posts,  as  well  as  those  which  may  be  at 
the  time  of  the  passage  of  this  ordinance  erected  in  any 
street  of  this  city,  shall  be  well  and  securely  braced  from 
the  building  with  wrought  iron  rails  or  rods  at  least  one 
inch  in  diameter,  in  the  proportion  of  one  brace  for  every 
post.     (Id.,  sec.  16.) 

§  16.  The  owner  or  occupants  of  property  in  any  street 
not  exceeding  the  width  of  forty  feet  shall  be  and  they  are 
hereby  permitted  to  construct  from  their  respective  build- 
ing thereon  wrought  iron  brackets  for  the  support  of  awn- 
ings, which  said  brackets  shall  be  firmly  secured  to  the 
building  and  project  on  a  line  with  the  inner  side  of  the 
curbstone,  and  shall  be  eight  feet  and  six  inches,  and  no 
more,  in  height  from  the  curbstone  to  the  top  of  the  outer 
cross-rail.     (Id.,  sec.  17.) 

§  17.  It  shall  be  the  duty  of  the  President  of  the  Borough 
to  order  and  direct  the  removal  forthwith  of  all  iron  awning- 
posts  and  brackets  which  are  now  or  may  be  hereafter 
erected,  constructed  and  continued  in  any  street  of  that  sec- 
tion of  the  city,  formerly  known  as  Long  Island  City,  con- 
trary to  the  preceding  provisions  of  these  ordinances;  and 
any  person  who  shall  neglect  or  refuse  to  comply  with  such 


312  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

direction  or  order  shall  forfeit  and  pay  for  each  such  offense 
the  sum  of  five  dollars.     (Id.,  sec.  18,  with  verbal  changes.) 

§  18.  The  preceding  sections  relating  to  awnings  and 
awning-posts  shall  apply  where  the  erection  of  iron  awning- 
posts  and  brackets  are  permitted  by  these  ordinances.  (Id., 
sec.  19.) 

§  19.  No  portion  or  part  of  any  cloth  or  canvas  used  as 
an  awning  shall  hang  loosely  down  from  the  same  over  the 
sidewalk  or  footpath,  under  the  penalty  of  five  dollars  for 
each  day's  offense.     (Id.,  sec.  20.) 

§  20.  The  President  of  the  Borough  is  hereby  authorized, 
whenever  he  shall  deem  it  proper,  to  order  any  step  stone 
used  for  entering  carriages,  any  railing  or  fence,  any  sign, 
sign  post,  or  other  post,  any  area,  bay  window,  or  any  other 
window,  porch,  cellar  door,  platform,  stoop  or  step,  or  any 
other  thing,  which  may  encumber  or  obstruct  any  street,  to 
be  altered  or  removed  therefrom  within  such  time  as  shall 
be  limited  by  the  said  President  of  the  Borough.  (Id.,  sec. 
21,  with  verbal  changes.) 

§  21.  No  person  or  persons  in  that  section  of  the  city, 
formerly  known  as  Long  Island  City,  whether  agent,  owner 
or  employee,  shall  suffer  or  permit  any  cask,  bale,  bundle, 
box  or  any  other  goods,  wares,  or  merchandise  or  any 
boards,  planks,  joists,  or  other  timber,  or  anything  whatso- 
ever to  be  raised  from  any  street,  on  the  outside  of  any 
building,  into  any  loft,  store  or  room,  or  to  be  lowered 
from  the  same,  on  the  outside  of  any  building,  by  means  of 
any  rope,  pulley,  tackle,  or  windlass,  except  by  permission 
of  the  President  of  the  Borough,  under  the  penalty  of 
twenty-five  dollars  to  be  recovered  by  an  action,  from  such 
person,  agent,  owner  or  employer.  (Id.,  sec.  29,  with  verbal 
changes.) 

Article  lY. —  Streets  and  Sidewalks. 

§  22.  If  any  cartman  or  other  person  shall  break  or 
otherwise  injure  any  footpath  or  sidewalk,  he  or  they  shall, 
vsdthin  twenty-four  hours  thereafter,  cause  the  same  to  be 
well  and  sufficiently  repaired  and  m£nded,  under  the  penalty 
of  ten  dollars.     (Id.,  sec.  33.) 

§  23.  No  person,  without  permission  of  the  President  of 
the  Borough,  shall  take  up,  remove  or  carry  away  any  turf, 
stone,  sand,  clay  or  earth  from  any  street,  public  place  or 
highway  in  that  section  of  the  city  formerly  known  as 
Long  Island  City,  under  the  penalty  of  twenty-five  dollars 
for  each  offense.     (Id.,  sec.  35,  with  verbal  changes.) 

§  24.  No  pavement  or  flagging  in  any  street  in  that  sec- 
tion of  the  city  formerly  known  as  Long  Island  City  which 
has  been  accepted  by  The  City  of  New  York,  or  to  be  kept 
in  repair  at  the  public  expense,  shall  hereafter  be  taken  up, 
or  the  flagging  or  paving  stones  removed  therefrom,  for 
any  purpose  whatever  vdthout  the  permission  of  the  Presi- 
dent of  the  Borough,  and  the  deposit  of  such  sum  as  he 
may  reasonably  require  to  secure  the  relaying  of  the  same, 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  313 

under  the  penalty  of  $100  for  every  offense.  (Id.,  see.  37, 
with  verbal  changes.) 

§  25.  Whenever  any  flagging  or  pavement  in  any  such 
street,  or  part  or  portion  thereof,  has  been  or  shall  be 
taken  up,  or  the  paving  stones  in  any  such  street  or  part 
of  a  street  have  been  or  shall  be  removed  therefrom,  or 
from  the  place  or  position  in  which  they  have  been  put  in 
said  pavement,  in  violation  of  this  ordinance,  it  shall  be  the 
duty  of  the  President  of  the  Borough  forthwith  to  restore 
such  flagging  or  pavement,  as  nearly  as  may  be  practicable, 
to  th£>  condition  in  which  it  was  before  such  taking  or 
removal  as  aforesaid,  at  the  expense  of  the  party  removing 
the  same,  to  be  recovered  as  other  penalties  are  recovered. 
(Id.,  sec.  39,  with  verbal  changes.) 

§  26.  Whenever  any  wood,  timber,  stone,  iron  or  any 
other  metal  has  been  or  shall  be  put  or  placed  in  or  upon 
any  such  pavement  so  as  to  hinder  or  obstruct  or  be  in  the 
way  of  the  restoration  of  said  pavement,  as  mentioned  in 
th£  preceding  section,  it  shall  be  the  duty  of  the  President 
of  the  Borough  forthwith  to  cause  such  wood,  timber,  stone, 
iron  or  metal  to  be  taken  up  and  removed  from  said  street 
or  pavement  so  that  they  shall  not  encumber  or  obstruct 
said  street  and  the  free  use  of  the  pavement  therein.  (Id., 
sec.  40,  with  verbal  changes.) 

§  27.  Whenever,  hereafter,  any  person,  or  association  or 
body  of  persons,  or  any  incorporated  company,  shall  attempt 
to  take  up  any  such  pavement  in  this  ordinance  mentioned, 
or  removing  the  paving  stones,  or  any  of  them,  therefrom, 
without  authority  of  the  President  of  the  Borough,  it  shall 
be  his  duty  forthwith  to  prevent  the  same,  and  generally  to 
prevent  the  pavement  in  the  street  aforesaid  and  every  part 
thereof  from  being  taken  up,  removed,  encumbered  or  ob- 
structed.    (Id.,  sec.  41,  with  verbal  changes.) 

Chapter  2. —  Partition  Fences  and  Walls. 

§  28.  All  partition  fences  in  that  section  of  the  city  for- 
merly known  as  Long  Island  City  shall  be  made  and  main- 
tained by  the  owners  of  the  land  on  each  side,  and  each 
party  shall  make  and  keep  in  repair  one-half  part  thereof, 
when  it  can  be  conveniently  divided.  (L.  I.  ord.  1893,  ch.  20, 
sec.  1.) 

§  29.  In  case  of  any  dispute  between  the  parties  .concern- 
ing the  division  of  any  such  fence,  or  as  to  what  part  or 
portion  of  it  shall  be  made  or  repaired  by  each  party, 
respectively,  and  in  all  cases  of  dispute  concerning  the  suffi- 
ciency of  any  fence  in  that  portion  of  the  city  formerly 
known  as  Long  Island  City,  the  matter  shall  be  determined 
by  the  Aldermen  for  the  time  being  of  the  district  in  which 
such  partition  or  other  fence  may  be  situated.  (Id.,  sec.  2, 
with  verbal  changes.) 

§  30.  When  any  partition  fence  cannot  be  conveniently 
<livided  the  same  shall  be  made  and  kept  in  repair  at  th^ 


314  CODE  OF  OKDINANCES  OF  THE  CITY  OF  NEW  YOBK. 

joint  and  equal  expense  of  the  owners  of  the  land  on  each 
side.     (Id.,  sec.  3.) 

§  31.  When  the  regulation  of  a  lot,  in  conformity  with 
the  street  on  which  it  is  situated,  shall  require  the  ground 
of  such  lot  to  be  raised  and  kept  up  higher  than  the  groucd 
of  the  adjoining  lot  or  lots,  and  a  partition  wall  for  sup- 
porting the  same  shall  be  necessary,  such  partititon  wall 
shall  be  made  and  maintained  by  the  owners,  respectively, 
of  the  land  on  each  side;  and  when  the  same  can  be  equally 
divided  each  party  shall  make  and  keep  in  repair  one-half 
part  thereof.     (Id.,  sec.  4.) 

§  32.  If  any  dispute  shall  arise  concerning  the  division 
of  such  partition  wall  between  the  parties,  or  as  to  what 
portion  or  portions  of  it  should  be  made  or  repaired  by 
each,  respectively,  or  concerning  the  sufficLency  of  any  such 
partition  wall,  the  same  shall  be  determined  by  the  Alder- 
man as  aforesaid.     (Id.,  sec.  5.) 

§  33.  Where  any  partition  wall  cannot  be  conveniently 
divided,  the  same  shall  be  made  and  kept  in  repair  at  the 
joint  and  equal  expense  of  the  owners  of  the  land  on  each 
sida.     (Id,,  sec.  6.) 

§  34.  The  regulation  of  lots,  in  conformity  with  the  street, 
sh^ll  be  calculated  not  to  exceed  a  descent  of  two  inches  on 
every  ten  feet.     (Id.,  sec.  7.) 

§  35.  Where  any  owner  or  owners  shall  insist  on  main- 
taining his,  or  her,  or  their  ground  higher  than  such  regula- 
tion, the  surplus  partition  wall  which  may  be  necessary  to 
support  such  height  shall  be  made  and  maintained  at  the 
individual  expense  of  such  owner  or  owners.  (Id.,  sec.  8.) 
*  §  36.  Where  any  such  owner  or  owners  shall  insist  on 
regTilating  his,  her,  or  their  ground  with  a  descent  less  than 
two  inches  on  every  ten  feet,  the  surplus  partition  wall 
necessary  to  supjwrt  the  ground  on  the  adjoining  lot,  regu- 
lated in  conformity  with,  this  ordinance,  that  portion  of  the 
city  formerly  known  as  Long  Island  City  shall  in  like  man- 
ner be  made  and  maintained  at  the  individual  expense  of 
such  owner  or  owners.     (Id.,  sec.  9.) 

§  37.  If  any  person,  whose  duty  it  may  be  to  make  or 
repair  any  partition  fence  or  partition  wall,  or  any  part 
thereof,  in  pursuance  of  the  provisions  of  this  law,  shall 
neglect  so  to  do,  for  six  days  after  being  requested,  in 
writing,  by  the  owner  or  occupant  of  the  adjoining  ground, 
it  shall' be  lawful  for  such  ovnier  or  occupant  to  make  or 
repair  such  partition  fence  or  wall,  or  cause  the  same  to 
be  done,  and  recover  from  such  person  the  expense  of  mak- 
ing or  repairing  so  much  thereof  as  ought  to  have  been 
made  or  repaired  by  him  or  her,  together  with  cost  of  suit 
in  any  court  having  cognizance  thereof.     (Id.,  sec.  10.) 

§  38.  All  outside  and  boundary  fences  and  all  fences 
erected  on  the  line  of  any  public  road,  street,  lane,  or 
avenue  in  that  section  of  the  city  formerly  known  as  Long 
Islaud  City,  shall  be  at  legist  foiir  feet  hi^h,  an<J  shall  b^ 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  315 

built  of  good  and  substantial  materials,  and  sufficient  in  all 
respects  to  keep  out  and  prevent  the  encroachment  of  cattle, 
sheep,  hogs  and  other  animals;  and  shall  be  kept  in  good 
repair  and  of  the  height  above  mentioned.     (Id.,  sec.  11.) 

§  39.  In  case  of  any  dispute  between  the  parties  concern- 
ing any  fence  embraced  within  this  ordinance,  or  the  suffi- 
ciency thereof,  the  matter  shall  be  determined  by  the 
Alderman  for  the  time  being,  of  the  district  in  which  such 
fence  may  be  situated.     (Id.,  sec.  12.) 

Article  7. —  Blasting  of  Rocks. 

§  40.  In  all  cases  of  blasting  rocks,  or  stones,  within  that 
section  of  the  city  formerly  known  as  Long  Island  City, 
each  blast,  before  firing  it,  shall  be  securely  covered  with 
six  timbers  of  not  less  than  four  inches  thick,  ten  inches 
wide,  and  ten  feet  long  each,  to  be  placed  over  and  around 
each  charge,  and  to  be  held  in  place  by  at  least  300  pounds 
of  large  stones  piled  on  top  of  them.  (Id.,  ch.  21,  sec.  1, 
with  verbal  changes.) 

§  41.  Three  minutes*  notice  before  firing  thfi  blasts  shall 
be  given  by  displaying  a  red  flag  on  a  staff,  not  less  than 
ten  feet  high,  set  in  a  conspicuous  place  within  twenty-five 
feet  of  the  point  where  the  charge  is  placed,  and  also  by 
calling  out  the  words  "  a  blast,"  several  times  repeated,  and 
loud  enough  to  be  distinctly  heard  at  a  distance  of  200  feet 
from  the  point  of  discharge.     (Id.,  sec.  2.) 

§  42.  For  every  violation  of  either  of  the  preceding  sec- 
tions of  this  ordinance,  the  offending  party,  or  if  the  work 
be  done  under  a  contract,  the  contractor,  upon  complaint 
and  conviction  thereof  before  a  magistrate,  shall  be  liable 
to  a  fine  of  fifty  dollars  and  stand  committed  until  the  sanue 
is  paid.     (Id.,  sec.  3,  with  verbal  changes.) 

Article  YI. —  Venders. 

§  43.  No  owner  or  vender  or  retailer  of  charcoal,  fish, 
fruit,  vegetables,  brooms,  wooden  ware,  or  Icindling  wood 
shall  affix  to,  or  suffer  or  permit  to  be  affixed  to,  the  cart, 
wagon  or  any  other  vehicle  owned  by  or  employed  or  used 
by  him  for  the  purpose  of  transporting,  conveying  or  selling 
thereout,  in  that  section  of  the  city  formerly  known  as  Long 
Island  City,  charcoal,  or  fish,  or  fruit,  or  vegetables,  or 
brooms,  or  wooden  ware,  or  kindling  wood,  any  bell,  iron, 
steel,  or  other  metal  bar,  or  any  other  instrument,  nor  shall 
blow  upon  or  use,  or  suffer  or  permit  to  be  blown  upon, 
any  horn  or  other  instrument  for  the  purpose  of  giving 
notice  of  the  approach  of  any  cart,  wagon,  or  other  vehicle, 
in  order  to  sell  thereout  charcoal,  fish,  fruit,  vegetables, 
brooms,  wooden  ware  or  kindling  wood,  under  the  penalty  of 
five  dollars  for  each  offense,  to  be  sued  for  and  recovered  of 
the  owner,  employer,  driver,  or  persons  having  charge  of 
such  cart,  wagon,  or  other  vehicle,  or  of  the  owner  of  such 
coal,  fish,  fruit,  vegetables,  brooms,  wooden  ware,  or  kindling 


310  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

wood,  severally  and  respectively.'  (Id.,  eh.  27,  sec.  1,  with 
verbal  changes.) 

§  44.  No  goods,  wares,  merchandise  or  manufactures  of 
any  description  shall  be  placed  or  exposed  ix)  show  or  for 
sale  upon  any  balustrade  that  now  is  or  hereafter  may  be 
erected  in  that  section  of  the  city  formerly  known  as  Long 
Island  City  under  the  penalty  of  five  dollars  for  each  offense. 
(Id.,  ch.  17,  sec.  22,  with  verbal  changes.) 

§  45.  No  person  shall  hang  or  place  any  goods,  wares  or 
merchandise  or  any  other  thing,  at  any  greater  distance  than 
four  feet  in  front  of  his,  her  or  their  house  or  store  or  other 
building  under  the  penalty  of  five  dollars  for  each  offense. 
(Id.,  sec.  23.) 

§  46.  No  person  shall  place,  hang  or  suspend  at  any 
greater  distance  than  four  feet  in  front  of  and  from  the  wall 
of  any  house  or  store  or  other  building,  any  sign,  show  bill 
or  show  board,  under  the  penalty  of  five  dollars  for  each 
offense.     (Id.,  sec.  24.) 

Article  YII. —  Noises. 
§  47.  No  person  shall  beat  any  drum  or  other  instrument, 
or  blow  any  horn  or  other  instrument,  for  the  purpose  of 
attracting  the  attention  of  passengers  in  any  street  in  that 
section  of  the  city  formerly  known  as  Long  Island  City,  to 
any  show  of  beasts  or  birds,  or  other  things  in  said  city, 
under  the  penalty  of  ten  dollars  for  each  offense.  (Id.,  ch. 
26,  sec.  33,  wdth  verbal   changes.) 

Article  Till. —  Sale  of  Oysters,  Etc. 
§  48.  No  person  shall  erect  any  booth  or  establish  or  fix 
any  stand  in  any  of  the  streets  or  public  grounds  in  that 
section  of  the  city  formerly  known  as  Long  Island  City,  for 
the  purpose  of  opening  and  exposing  for  sale,  or  selling, 
any  oysters  or  other  shell  fish  provisions,  of  any  nature  or 
kind,  or  any  goods  of  any  description  whatever,  under  the 
penalty  of  five  dollars  for  each  offense. 

Article  IX. —  Surface  Railroads. 

§  49.  For  every  street  or  surface  car  operated  within  the 
limits  of  that  ^-ection  of  the  city  formerly  known  as  Long 
Island  City,  there  shall  be  paid  to  the  Comptroller,  for  the 
use  of  the  city,  a  license  fee  of  fifteen  dollars,  and  the  said 
Comptroller  shall,  upon  the  receipt  of  said  sum,  issue  a 
license  therefor,  which  license  shall  be  posted  in  a  con- 
spicuous place  in  each  car  operated  within  the  limits  as 
aforesaid.     (Res.  adopted  July  6,   1897,  sec.   1.) 

§  50.  Tlie  penalty  for  each  and  every  violation  of  any  of 
the  provisions  of  this  ordinance  shall  be  twenty-five  dollars. 
It  shall  be  the  duty  of  the  police  to  make  daily  reports  of 
any  violation  of  the  ordinance,  and  the  same  shall  be  trans- 
mitted to  the  Corporation  Counsel  for  the  prosecution  of 
the  offending  parties.     (Id.,  sec.  2.) 


CODE  OF  ORDINAKCES  OF  THE  CITY  OF  NEW  YORK.  317 

§  51.  All  street  railroads  operated  witMn  the  limits  of 
that  section  of  the  city  formerly  known  as  Long  Island  City 
by  electric  power,  shall  have  attachjed  at  the  end  of  each 
car,  in  front  of  each  wheel,  a  suitable  guard  to  prevent  per- 
sons from  being  run  over  by  such  car,  and  all  violations  of 
this  oidinance  shall  be  subject  to  a  penalty  of  ten  dollars 
for  each  offense  to  be  sued  for,  as  other  penalties  in  said 
ordinance  provided. 

PART  V. 

Ordinances  Relating  to  that  Section  of  the  dtp  of  New  York 
Formerly  Knoivn  as  the  Yillage  of  Flushing. 

Chapter  1. —  Streets  and  Highways. 

Article  I. —  Altering  Grade  of  Streets. 

Section  1.  No  person,  without  having  been  first  previously 
authorized  by  a  permit  from  the  President  of  the  Borough, 
shall  fill  in  or  raise,  or  cause  to  be  filled  in  or  raised,  any 
road,  avenue,  street,  highway  or  other  public  place  in  that 
section  of  The  City  of  New  York  formerly  known  as  the 
Village  of  Flushing,  or  any  part  of  any  such  road,  avenue, 
street,  highway  or  other  public  place,  or  take  up,  remove 
or  carry  away,  or  cause  or  procure  to  be  taken  up,  removed 
or  carried  away,  any  sod,  turf,  stone,  sand,  clay  or  oarth 
from  any  such  road,  avenue,  street,  highway  or  other  public 
place.  Any  person  or  persons  violating  any  of  the  provisions 
of  this  section  of  this  ordinance  shall,  upon  conviction 
thereof,  be  punished  by  a  fine  of  not  less  than  five  dollars 
and  not  exceeding  ten  dollars.  (Ord.  Village  of  Flushing, 
passed  Aug.  8,  1883,  sec.  6,  with  verbal  changes  throughout 
all  following  sections  in  this  chapter.) 

§  2.  No  avenue  or  street  the  width  whereof  is  less  than 
sixty  taet,  shall  hereafter  be  accepted  by  the  Board  of  Alder- 
men as  a  public  street  or  highway;  nor  shall  the  sam«  be 
accepted  unless  the  carriageway  and  said  walks  shall  have 
respectively  been  properly  graded  and  regulated,  and  shall 
severally  be  in  good  order  and  condition  for  convenient  use, 
with  sufficient  gutters  for  the  drainage  of  the  same  and  of 
the  waters  from  adjoining  lands.     (Id.,  sec.  8.) 

Article  II. —  Paving  Streets. 

§  3.  Each  sidewalk  of  all  the  avenues  and  streets  laid  out 
and  opened  in  that  section  of  The  City  of  New  York  for- 
merly known  as  the  Village  of  Flushing,  shall  respectively  be 
one-fourth  of  the  width  of  the  avenue  or  street  between  the 
lines  thereof.     (Id.,  sec.  9.) 

§  4.  All  sidewalks  in  that  section  of  The  City  of  New  York 
formerly  known  as  the  Village  of  Flushing  shall  be  paved  to 
the  extent  of  not  less  than  four  feet  of  the  width  thereof 
respectively  with  stone  flagging  of  square  or  oblong  shape, 
with    straight    edges    laid    close    together;    and    when    any 


318  CODE  OF  OKDINANCES  OF  THE  CITY  OF  NEW  YOEK. 

carriageway  leading  to  and  from  the  adjoining  premises  shall 
cross  any  such  sidewalk,  so  much  of  said  sidewalk  shall  be 
paved  with  flat,  square  or  oblong  stone  with  straight  edges 
laid  close  together,  and  of  sufficient  thickness  and  strength 
for  the  purpose  of  such  carriageway  or  what  is  commonly 
known  as  bridge  or  crosswalk  stone,  not  less  than  four 
inches  in  thickness,  which  may  be  laid  in  strips  not  more 
than  six  inches  apart,  and  the  intervals  between  the  strips 
paved  with  round  cobljle  or  paving  stone,  to  afford  foothold 
for  the  horses  or  other  animals  crossing  such  sidewalk. 
The  residue  of  any  such  sidewalk  may  be  paved  in  like 
manner  as  aforesaid,  or  with  such  othjer  materials  as  shall 
be  approved  by  the  President  of  the  Borough.    (Id.,  sec.  10.) 

§  5.  No  drain  or  drains  to  lead  from  any  building  or  build- 
ings across  any  sidewalks  in  any  street,  road  or  highway  in 
that  section  of  The  City  of  New  York  formerly  known  as  the 
Village  of  Flushing  shall  be  constructed  or  laid  down  without 
permission  having  first  been  obtained  from  the  President  of 
the  Borough  so  to  do,  nor  shall  any  plank  or  board  walk  be 
constructed  or  laid  down  in  any  street,  road  or  highway  of 
that  section  of  The  City  of  New  York  formerly  known  as  the 
Village  of  Flushing  without  thje  like  permission,  under  a 
penalty  of  twenty  dollars  for  each  offense,  and  a  further 
penalty  of  ten  dollars  for  every  day  such  drain  or  drains,  or 
plank  or  board  walk  shall  remain  after  the  President  of  the 
Borough  shall  have  notified  the  offending  party  or  parties 
to  remove  the  same.     (Id.,  sec.  11.) 

§  6.  Whenever  the  President  of  the  Borough  shall  cause 
any  sidewalk  to  be  curbed,  guttered,  and  flagged,  all,  any  or 
either  such  flagging  shall  be  in  conformity  vdth  this  ordi- 
nance, or  of  such  greater  width  as  those  who  are  to  pay  the 
major  part  of  the  expense  of  such  flagging  may  desire;  all 
such  curbstone  shall  not  be  less  than  five  inches  thick  and 
twenty  inches  deep,  seven  inches  of  which  width  shall  be 
laid  above  and  the  residue  thereof  below  the  surface  of  the 
kennel;  the  ends  shall  be  squared  so  as  to  form  close  and 
even  joints,  and  the  front  so  laid  as  to  present  a  fair  sur- 
face.    (Id.,  sec.  12.) 

§  7.  No  sidewalk  in  that  section  of  The  City  of  New  York 
formerly  known  as  the  Village  of  Flushing  laid  wholly  or  in 
part  with  flagging  shall  be  taken  up,  or  the  flagging  removed 
therefrom,  for  the  purpose  of  digging  out  any  lot  or  cellar, 
or  for  any  other  purpose,  except  previously  authorized  by 
the  President  of  the  Borough,  under  the  penalty  for  each 
offense  of  ten  dollars,  to  be  forfeited  and  paid  by  each  and 
every  person  offending  in  the  premises,  and  when  so  taken 
up,  or  when  any  other  sidewalk  shall  be  broken,  dug  up  or 
in  any  wise  injured  by,  or  by  the  direction  of,  any  person, 
the  same  shall  be  well  and  sufficiently  repaired  and  rein- 
stated by  such  person  within  such  time  as  shall  be  specified 
for  that  purpose  in  any  written  or  printed  notice  from  the 
President  of  the  Borough,  served  upon  such  person  or  upon 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  319 

the  occupant  of  the  premises  adjoining  such  sidewalk,  under 
the  penalty  of  ten  dollars,  and  the  further  penalty  of  two 
dollars  for  each  and  every  day  after  the  expiration  of  the 
time  so  specified  in  such  notice,  such  person  shall  omit  or 
neglect  so  to  repair  and  reinstate  the  same.     (Id.,  sec.  14.) 

§  8.  The  owner  or  occupant,  or  person  having  charge,  of 
each  house  or  other  building,  lot  or  lots  of  ground,  piece  or 
parcel  of  land,  and  of  every  church,  meeting  house  or  place 
of  public  religious  worship,  and  every  cemetery  or  burial 
ground,  public  or  private,  and  the  land  thereunto  respect- 
ively belonging,  situated  within  that  section  of  The  City  of 
New  York  formerly  known  as  the  Village  of  Flushing,  adjoin- 
ing to  any  public  avenue  or  street,  shall  at  all  times  keep 
the  sidewalk  in  front  of  and  adjoining  such  respective 
premises,  where  such  sidewalk  shall  have  been  made,  unob- 
structed and  in  good  order  and  condition,  for  convenient  use 
by  foot  passengers,  under  a  penalty  of  three  dollars  for  each 
and  every  offense.     (Id.,  sec.  15.) 

Article  III. —  Ohstructions  in  Streets, 
§  9.  No  person  or  persons  shall  erect  or  maintain  any 
stoop,  steps,  platform,  bay  wdndow,  cellar  door,  area,  descent 
into  a  cellar  or  basement,  post,  or  erection  or  projection 
of  any  kind,  or  other  obstruction  or  incumbrance,  in,  over 
or  upon  any  street,  road,  avenue  or  highway  in  that  section 
of  The  City  of  New  York  formerly  known  as  the  Village  of 
Flushing,  under  a  penalty  of  twenty  dollars  for  each  and 
every  offense,  and  a  further  penalty  of  ten  dollars  for  each 
and  every  day  that  the  same  shall  be  maintained  after  the 
expiration  of  ten  days'  notice,  in  writing,  to  be  given  by  the 
President  of  the  Borough  to  the  person  or  persons,  or  either 
of  them,  erecting  or  maintaining  the  same.     (Id.,  sec.  18.) 

§  10.  If  the  owner  or  owners,  occupant  or  occupants,  of 
any  premises  in  front  of  which  shall  be  erected  or  main- 
tained any  such  stoop,  steps,  platform,  bay  window,  cellar 
door,  area,  descent  into  a  cellar  or  basement,  or  erection  or 
projection  of  any  kind,  shall  neglect  or  refuse  to  remove  the 
same,  or  such  part  thereof  as  shall  project  or  encroach  in, 
over  or  upon  any  such  street,  road,  avenue  or  highway,  for 
more  than  ten  days  after  notice  given  by  the  President  of 
the  Borough,  as  provided  in  this  ordinance,  the  same  or  such 
parts  thereof  shall  be  removed  by  the  President  of  the 
Borough  at  the  expense  of  such  owner  or  owmers,  occupant 
or  occupants.     (Id.,  sec.  19.) 

§  11.  It  shall  not  be  lawful  for  any  person  or  persons,  or 
for  any  corporation,  to  lay  any  main  in  any  road,  avenue, 
street  or  public  place  in  that  section  of  The  City  of  New 
York,  formerly  known  as  the  Village  of  Flushing,  or  to  break 
up  or  disturb  the  ground  for  such  purpose,  unless  pre- 
viously authorized  by  a  permit  of  the  President  of  the 
Borough,  or  otherwise  than  in  conformity  with  the  condi- 
tions prescribed,  and  subject  to  any  restrictions  expressed 


320  CODE  OF  OEDINANCES  OF  THE  CITY  OF  NEW  YORK. 

or  imposed  in  any  such  permit,  under  the  penalty  of  thirty 
dollars  for  each  offense,  and  the  further  penalty  of  ten 
dollars  for  each  and  every  day  any  person  or  persons,  or 
corporation,  shall  neglect  or  omit  to  comply  in  all  respects 
with  the  requirements  of  any  order  of  the  President  of  the 
Borough,  forbidding  the  prosecution  of  such  work,  requiring 
the  removal  from  such  road,  avenue,  street  or  public  place, 
of  any  main  or  mains,  or  other  incumbrances  placed  or 
caused  to  be  placed  thereon  by  any  person  or  persons,  or 
corporation,  the  filling  up  of  any  trench  dug  for  the  purpose 
of  laying  any  main,  and  the  restoring  of  the  ground  and 
pavement,  if  any,  of  such  road,  avenue,  street  or  public 
place,  to  the  like  order  and  condition  the  same  was  in  imme- 
diately prior  to  the  time  the  same  was  disturbed,  and  in  the 
case  of  the  refusal  or  neglect  of  any  person  or  persons,  or 
corporation,  fully  to  comply  with  all  the  requirements  of 
any  such  last  mentioned  order  within  the  time  therein 
specified  after  the  service  of  a  copy  or  of  a  notice  thereof 
upon  such  person  or  persons  or  corporation,  the  President 
of  the  Borough  may  at  any  time  thereafter,  cause  all  or  any 
part  of  such  work  to  be  done  at  the  expense  of  said  person 
or  persons,  or  corporation,  who  shall  be  liable  to  The  City  of 
New  York  for  all  expenses  which  it  may  incur  in  that  behalf, 
together  with  such  aforesaid  penalties  to  be  recovered  with 
costs  of  suit.     (Id.,  sec.  20.) 

§  12.  It  shall  be  obligatory  upon  any  person  or  persons, 
or  corporation,  when  lajdng  any  main  or  service  pipe,  or 
establishing  any  lamp-post,  in  any  road,  avenue,  street  or 
public  place  in  that  section  of  The  City  of  New  York,  form- 
erly known  as  the  Village  of  Flushing,  to  perform  all  such 
work  carefully,  workmanlike,  and  substantially,  disturbing 
the  ground,  and  the  pavement,  curb,  gutter  and  flagging,  If 
any,  no  further  than  may  be  actually  necessary  for  the 
careful  performance  of  any  such  work;  to  guard  as  far  as 
practicable  against  the  future  settling  of  the  ground,  pave- 
ment, curb,  gutter  or  flagging  above  any  such  main  or  ser- 
vice pipe,  or  around  such  lamp-post  or  resulting  from  the 
digging  of  the  trench  thereof  by  filling  in  and  around  and 
above  such  main  or  service  pipe,  and  around  such  lamp-post, 
the  earth  dug  from  any  such  trench,  compactly  and  firmly; 
to  repair  all  damage  which  may  be  caused  to  any  such  road, 
avenue,  street  or  public  place,  or  to  any  pavement,  curb, 
gutter,  or  flagging,  by  the  lajing  of  such  main  or  service 
pipe,  or  the  establishing  of  such  lamp-post,  and  to  restore 
the  same  respectively  to  as  good  order  and  condition  as  the 
same  were  in  immediately  prior  to  their  commencing  any 
such  work,  to  cause  all  such  work  to  be  performed  with 
all  reasonable  despatch  and  in  such  manner  as  not  unneces- 
sarily to  incommode  the  neighborhood  or  the  public,  and  to 
promptly  conform  to  all  such  directions  as  the  President 
of  the  Borough  may  from  time  to  time  give  in  that  behalf; 
"under  the  penalty  of  ten  dollars  for  every  omission,  neglect, 


CODE  OF   ORDINA^'CES  OF  THE   CITY  OF   NEW  YORK.  321 

refusal,  or  delay,  and  in  case  of  any  sucli  omission,  neglect, 
refusal  or  delay,  it  shall  be  lawful  for  the  President  of  the 
Borough  to  cause  any  such  work  to  be  done  at  the  expense 
of  said  person  or  persons,  or  corporation,  who  shall  be  liable 
to  The  City  of  New  York  for  all  expenses  which  it  may 
thereby  incur,  as  well  as  such  aforesaid  penalties  in  this 
ordinance.     (Id.,  sec.  21.) 

§  13,  No  person  or  persons  shall  injure,  damage  or  dis- 
turb, or  cause  to  be  injured,  damaged  or  disturbed  any  main 
or  service  pipe  now  laid  or  which  may  hereafter  be  laid  in 
that  section  of  The  City  of  New  York,  formerly  known  as 
the  Village  of  Flushing  for  the  purpose  of  supplying  the 
same  or  the  inhabitants  thereof,  or  any  part  or  portion 
thereof,  with  gas.  Any  person  or  persons  violating  any  of 
the  provisions  of  this  section  of  this  ordinance  shall,  upon 
conviction  thereof,  be  punished  by  a  fine  of  not  less  than 
ten  dollars  and  not  exceeding  thirty  dollars.     (Id.,  sec.  22.) 

Article  IV. —  PuUio  Sewers. 

§  14.  It  shall  not  be  lawful  for  any  person  to  make  any 
connection  with  or  any  opening  into  any  of  the  sewers 
except  upon  the  conditions  prescribed  in  this  ordinance. 
(Ord.  Aug.  8,  1883,  sec.  1.) 

§  15.  Application  must  be  made  to  the  President  of  the 
Borough  for  permission  to  make  such  connections  or  open- 
ings, and  his  written  permit  shall  be  the  proof  that  such 
permission  has  been  granted.     (Id.,  sec.  2.) 

§  16.  The  price  of  each  connection  shall  be  ten  dollars, 
and  it  shall  be  understood  that  that  price  Is  for  one  house 
or  building  only.     (Id.,  sec.  3.) 

§  17.  No  larger  opening  shall  be  made  in  the  sewers  than 
will  admit  a  six-inch  pipe,  and  the  work  must  be  done  by  a 
licensed  plumber  or  such  other  person  as  the  President  of 
the  Borough  may  designate  and  also  under  the  supervision 
of  the  Superintendent  of  Sewers.     (Id.,  sec.  4.) 

§  18.  Any  person  or  persons  violating  any  of  the  pro- 
visions of  this  ordinance  shall,  upon  conviction  thereof,  be 
punished  by  a  fine  of  ten  dollars.     (Id.,  sec.  5.) 

Chapter  2. —  Public  Safety  and  Order. 
Article  I. —  False  Alarms  of  Fire. 

§  19.  No  person  or  persons  shall  raise,  create  or  continue 
a  false  alarm  of  fire,  or  aid,  abet  or  assist  in  raising,  creating 
or  continuing  a  false  alarm  of  fire  within  the  limits  of  that 
section  of  The  City  of  New  Y'ork,  formerly  known  as  the 
Village  of  Flushing.     (Ord.  Aug.  8,  1883,  sec.  1.) 

§  20.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall,  upon  conviction  thereof,  be  punished  by  a 
fine  of  not  more  than  ten  dollars  for  each  and  every  offense. 
(Id.,  sec.  2.) 

21 


322  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

Article  II. —  Bathing. 

§  21.  No  person  shall  bathe  or  swim  publicly,  in  a  state  of 
nudity,  any  where  within  the  limits  of  that  section  of  The 
City  of  New  York  formerly  known  as  the  Village  of  Flushing, 
or  on  the  shores  of  Flushing  Bay,  between  the  hours  of  five 
A.  M.  and  eight  P.  M.     (Ord.  Aug.  8,  1883,  sec.  1.) 

§  22.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall,  upon  conviction  thereof,  be  punished  by  a 
fine  of  three  dollars.     (Id.,  sec.  2.) 

Chapter  3. —  Volunteer  Fire  Department. 
Article  I. —  Rules  and  Regulations. 

§  23.  The  Fire  Department  of  that  section  of  The  Citj^  of 
New  York,  formerly  known  as  the  Village  of  Flushing,  shall 
consist  of  a  Chief  Engineer,  a  First  and  Second  Assistant 
Engineers,  a  Treasurer  and  such  enginemen,  hose  men  and 
hook  and  ladder  men  as  may  from  time  to  time  be  pre- 
scribed by  the  Board  of  Aldermen.  The  Chief  Engineer, 
First  and  Second  Assistant  Engineers  and  Treasurer  shall 
each  hold  office  for  the  term  of  two  years,  and  shall  be 
elected  on  the  second  Wednesday  in  December  of  every 
second  year,  as  heretofore.  Each  of  said  officers  shall  be 
voted  for  separately,  the  ballots  being  deposited  in  separate 
boxes.  One  or  more  of  the  members  of  the  Board  of  Alder- 
men shall  act  as  inspector  or  inspectors  of  each  and  every 
said  election.     (Village  ord.  Aug.  8,  1883,  sec.  1.) 

§  24.  The  Board  of  Aldermen  may,  in  their  discretion, 
appoint  two  Fire  Wardens,  to  hold  office  during  the  pleasure 
of  the  Board.  The  Fire  Wardens  shall,  when  requested,  or 
when  directed  so  to  do  by  the  Board  of  Aldermen,  examine 
and  inspect  dwelling  houses  and  other  buildings  or  places  in 
that  section  of  The  City  of  New  York  formerly  known  as  the 
Village  of  Flushing;  shall  report  the  result  of  such  exami- 
nation and  inspection  to  the  Board  of  Aldermen,  and  shall 
perform  the  other  duties  usually  appertaining  to  the  oflice 
of  Fire  Warden.     (Id.,  sec.  2.) 

§  25.  The  firemen  shall  be  divided  into  engine,  hook  and 
ladder  and  hose  companies,  and  each  company  shall  consist 
of  as  many  members  as  the  Board  of  Aldermen  shall  from 
time  to  time  order  and  direct.  It  shall  be  the  duty  of  the 
firemen  to  attend  to  the  engines,  hose  carriages  and  trucks 
committed  to  their  charge  and  the  buildings  wherein  the 
same  are  kept.     (Id.,  sec.  3.) 

§  26.  Each  fire  company  shall  be  under  the  direction  and 
control  of  a  foreman  and  two  assistant  foremen.  The  fore- 
ment  shall  be  responsible  for  the  proper  care  of  the  engine, 
hose  or  truck  house,  the  engine,  hose  or  truck  and  other 
fire  apparatus  or  property  belonging  to  The  City  of  New 
York  entrusted  to  the  company  under  their  command;  they 
shall  preserve  order  and  discipline  in  the  company  at  all 


CODE  OF   ORDINANCES  OF  THE   CITY  OF  NEW  YORK.  323 

times;  when  on  duty  at  fires  they  shall  obey  all  orders  of 
the  Chief  Engineer  or  Assistant  Engineers.  In  the  absence 
of  the  foreman,  the  first  assistant,  and  in  his  absence  the 
second  assistant  foreman  shall  act.  Foremen  shall  report 
annually  to  the  Chief  Engineer  a  full  account  of  the  duty 
performed  by  their  respective  companies,  together  with  a 
full  account  of  the  membership  of  the  same,  noting  all 
losses  by  discharge,  death,  expulsion  or  transfer;  also  a 
detailed  statement  of  the  property  entrusted  to  their  care, 
noting  the  condition  of  the  same.     (Id.,  sec.  4.) 

§  27.  Each  fire  company  shall  appoint  a  secretary,  who 
shall  keep  a  record  of  the  proceedings  of  the  company  at  its 
business  meetings;  also  a  record  of  all  appointments  or 
elections,  resignations  or  removals  of  firemen  attached  to 
such  company,  and  shall  perform  such  other  duties  as  may 
from  time  to  time  be  prescribed  by  the  ordinances  of  that 
section  of  The  City  of  New  York,  formerly  known  as  the 
Village  of  Flushing,  the  rules  and  regulations  of  the  Fire 
Department,  or  the  by-laws  of  the  company  to  which  he  is 
attached.     (Id.,  sec.  5.) 

§  28.  Every  member  of  the  Fire  Department  shall  receive 
a  certificate  of  membership  duly  executed  and  signed  by  the 
City  Clerk  and  Chief  Engineer,  to  be  delivered  by  the  Chief 
Engineer  to  the  person  entitled  to  receive  the  same.  The 
commencement  of  the  term  of  service  of  each  member  shall 
be  computed  from  the  date  of  such  certificate.     (Id.,  sec.  6.) 

§  29.  The  Chief  Engineer  shall  have  and  exercise  supreme 
command,  at  all  times,  over  the  officers,  members  and  prop- 
erty of  the  Department.  He  shall  make  a  yearly  report  to 
the  Board  of  Aldermen  of  all  fires  occurring  in  that  section 
of  The  City  of  New  York,  formerly  known  as  the  Village  of 
Flushing,  with  the  cause  thereof,  when  it  can  be  ascertained, 
and  a  description  of  the  building  or  buildings  injured  or 
destroyed,  the  names  of  the  owners  or  occupants,  the 
amount  of  loss  in  each  case,  and,  as  far  as  can  be  ascer- 
tained, the  amount  of  insurance.  The  report  shall  also  give 
a  detailed  inventory  of  all  the  property  in  charge  of  the 
different  companies,  together  with  a  statement  of  the  con- 
dition of  such  property;  also  a  correct  statement  of  the 
number  of  officers  and  men  in  each  company  at  the  end  of 
the  year.  It  shall  also  be  his  duty  to  take  notice'  of  all  vio- 
lations of  laws  or  ordinances  relating  to  the  department,  and 
to  report  the  same  to  the  Board  of  Aldermen  at  the  next 
meeting  thereafter.     (Id.,  sec.  7.) 

§  30.  The  Assistant  Engineers  shall  be  subject  to  the 
order  of  the  Chief,  and  it  shall  be  their  duty  to  cause  order 
to  be  observed  by  the  members  of  the  department  in  going 
to,  working  at,  or  returning  from  fires,  and  all  other  times 
when  the  companies  are  on  duty.  In  the  absence  of  the 
Chief,  the  First  Assistant,  and  in  his  absence  the  Second 
Assistant  Engineer  shall  perform  the  duties  of  Chief. 
(Id.,  sec.  8.) 


324  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

§  31.  Each  member  of  the  department  shall  provide  him- 
self, at  his  own  expense,  with  a  uniform  and  such  insignia 
of  office  as  is  prescribed  by  the  rules  and  regulations  of  the 
Department.  Each  member  shall  also  be  furnished  by  the 
Clerk  of  the  Board  of  Aldermen  with  a  department  badge, 
and  shall  be  required  to  conspicuously  wear  the  same  at  all 
times  when  on  duty.  On  receiving  such  badge  he  shall 
deposit  with  the  Clerk  the  sum  of  seventy-five  cents,  which 
sum  shall  be  refunded  to  him  when  said  badge  is  returned. 
(Id.,  sec.  9.) 

§  32.  It  shall  be  the  duty  of  all  firemen,  whenever  an 
alarm  of  fire  shall  be  given,  to  repair  forthwith  to  their 
respective  company  houses  and  proceed  at  once  with  the 
apparatus  to  the  scene  of  the  fire,  and  there  perform  such 
duties  as  may  be  assigned  to  them  by  their  officers.  At  all 
times  when  on  duty  they  shall  behave  in  an  orderly  manner, 
and  when  not  engaged  at  a  fire  shall  repair  to  their  respect- 
ive apparatus,  and  there  await  orders  from  their  officers. 
(Id.,  sec.  10.) 

§  33.  Every  person  not  a  fireman  who  shall  be  present  at 
a  fire  shall  be  subject  and  obedient  to  the  orders  of  the 
Chief  or  Assistant  Engineers  in  extinguishing  the  fire, 
preserving  order,  and  the  removal  and  protection  of  prop- 
erty.    (Id.,  sec.  16.) 

§  34.  All  complaints  by  the  Chief,  or  an  Assistant  Engi- 
neer, or  by  any  other  person,  made  against  firemen  for  mis- 
conduct, shall  be  referred  by  the  Board  of  Aldermen  to  the 
Committee  on  Fire  of  said  board,  to  ascertain  and  report  the 
facts,  and  a  full  opportunity  shall  be  given  by  the  committee 
to  the  party  complained  of  to  be  heard  in  his  defense.  Any 
member  complained  of  may  be  suspended  until  the  final 
action  of  the  board  on  such  complaint.     (Id.,  sec.  12.) 

§  35.  No  person  shall,  during  any  alarm  of  fire,  or  at  any 
other  time,  under  any  pretence  whatever,  take  or  remove 
any  fire  apparatus  out  of  its  house,  unless  the  Foreman,  or 
an  Assistant  Foreman,  or  a  member  of  the  company  shall  be 
present  and  consent  thereto,  under  a  penalty  of  five  dollars 
for  every  such  offense.     (Id.,  sec.  13.) 

§  36.  No  engine,  hose  carriage,  or  hook  and  ladder  truck 
shall  be  taken  outside  the  limits  of  that  section  of  The  City 
of  New  York  formerly  known  as  the  Village  of  Flushing, 
except  by  the  consent  of  the  Fire  Commissioner  of  The  City 
of  New  York.     (Id.,  sec.  14.) 

§  37.  The  right  and  privilege  of  any  member  of  the  depart- 
ment to  entertain  and  express  freely  such  political  or 
partisan  opinions  as  he  may  see  fit,  and  his  right  to  take 
part  in  and  vote  at  primary  and  nominating  conventions  vdll 
be  deemed  sacred  and  inviolate,  but  the  members  of  any 
engine,  hose,  or  hook  and  ladder  company  belonging  to  the 
department  shall  not  combine  or  act  together  in  their 
capacity  as  firemen  to  compass  the  election  or  defeat  of  any 
candidate   or  candidates   for   any  political   or  public  office 


CODE  OF   ORDINANCES  OF  THE   CITY  OF  NEW  YORK.  325 

whatsoever,  nor  shall  any  engine,  hose,  or  hook  and  ladder 
house  in  the  use  or  possession  of  any  company  in  the  depart- 
ment, under  any  circumstances,  be  used  or  occupied  for  any 
political  or  partisan  purpose  of  any  nature  whatsoever. 
(Id.,  sec.  15.) 

§  38.  No  person  shall,  during  a  fire,  or  at  any  other  time, 
drive  a  wagon,  cart,  carriage  or  other  vehicle  over  any  hose 
or  over  any  other  fire  apparatus,  under  a  penalty  of  five 
dollars  for  each  offense.     (Id.,  sec.  16.) 

§  39.  No  person  shall  wilfully  hinder  or  molest  or  attempt 
to  do  any  violence  to  any  officer  or  member  of  the  Fire 
Department  while  in  the  performance  of  his  duty  in  going 
to,  working  at,  or  returning  from  a  fire,  under  a  penalty  of 
five  dollars  for  each  offense.     (Id.,  sec.  17.) 

§  40.  Any  member  of  the  department  who  shall  violate 
any  of  the  provisions  of  this  ordinance,  or  who  shall  violate 
any  of  the  rules  and  regulations  of  the  department,  or  who 
shall  be  guilty  of  any  riotous  or  disorderly  conduct  while 
on  duty  shall  forthwith  be  expelled  from  the  department. 
(Id.,  sec.  18.) 

PAET  VI. 

Ordinances  Relating  to  that  Section  of  the  City  of  New  York 
Formerly  Knoivn  as  the  Village  of  Jamaica. 

Chapter  1. —  General  Regulations. 

Article  I. —  Filling  in  Streets. 

Section  1.  No  person,  unless  previously  authorized  by  the 
Borough  President,  shall  fill  in  or  raise,  or  cause  to  be  filled 
in  or  raised,  any  road,  street  or  other  public  place  within 
that  section  of  The  City  of  New  York,  formerly  known  as 
the  Village  of  Jamaica,  or  any  part  of  such  road,  street  or 
other  public  place,  or  take  up,  remove  or  carry  away,  or 
cause  to  be  taken  up,  removed  or  carried  away,  any  turf, 
sand,  stone,  clay,  gravel  or  other  earth,  under  the  penalty  of 
twenty-five  dollars  for  every  such  offense.  (Ord.  Village  of 
Jamaica,  June  11,  1855,  with  verbal  changes.) 

Article  II. —  Unlawful  Noises. 

§  2.  It  shall  not  be  lawful  for  any  person  to  blow  any 
horn  or  beat  upon  any  tin  pan  or  kettles,  or  make  any  im- 
proper noise  tending  to  disturb  the  peace  and  quiet  of  that 
section  of  The  City  of  New  York  formerly  known  as  the 
Village  of  Jamaica,  or  build  any  bonfire,  or  burn  tar  barrels 
in  any  of  the  highways,  streets,  lanes,  alleys  or  public 
grounds  of  the  village  under  a  penalty  not  exceeding  ten 
dollars,  or  Imprisonment  in  the  county  jail  not  exceeding 
thirty  days,  or  both  such  penalty  and  imprisonment,  in  the 
discretion  of  the  court  having  cognizance  thereof,  for  each 
and  every  person  violating  this  ordinance.      (Id.  June  26, 1856.) 


326  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

Article  III, —  Ball  Playing  and  Throwing  of  Stones. 

§  3.  The  throwing'  of  stones,  snow  balls  and  other  missiles, 
and  the  playing-  or  throwing  of  balls  within  any  street  of 
that  section  of  The  City  of  New  York  formerly  known  as  the 
Village  of  Jamaica  is  hereby  declared  unlawful. 

§  4.  Any  boy  or  other  person  willfully  violating  any  pro- 
vision of  the  above  section  shall  for  each  offense  be  punish- 
able by  a  fine  of  not  less  than  one  dollar  nor  more  than  five 
dollars  or  by  Imprisonment  not  exceeding  three  days.  (Ord. 
passed  Feb.  4,  1875.) 

Article  77. —  Hillside  Avenue  Speedway. 

§  5.  The  thoroughfare  known  as  Hillside  avenue  from 
Ackroyd  avenue,  Jamaica,  easterly  to  Flushing  avenue, 
Hollis,  in  the  Borough  of  Queens,  is  hereby  designated  as  a 
speedway,  and  the  driving  of  horses  thereon  at  any  rate  of 
speed  is  hereby  allowed  between  the  hours  of  two  o'clock 
P.  M.  and  six  o'clock  P.  M.  (Ord.  app.  by  Mayor,  April 
30,  1901.) 

Chapter  2. —  The  Volunteer  Fire  Department. 
Article  I. —  Rules  and  Regulations. 

§  5.  The  Fire  Department  of  that  section  of  The  City  of 
New  York  formerly  known  as  the  Village  of  Jamaica,  shall 
consist  of  a  Chief  Engineer,  Deputy  Chief  Engineer,  Clerk, 
Treasurer  and  threje  Fire  Wardens,  and  firemen  as  are  or 
may  from  time  to  time  be  elected  by  the  different  fire  com- 
panies and  confirmed  by  the  Board  of  Aldermen,  and  who 
shall  respectively  be  distinguished  by  the  several  appellations 
aforesaid;  but  no  person  shall  hereafter  be  elected  or  con- 
firmed unless  he  be  a  citizen  of  the  United  States,  and  of  the 
age  of  eighteen  years,  and  any  person  between  the  age  of 
eighteen  and  twenty-one,  upon  furnishing  the  Board  of 
Aldermen  v^th  a  certificate  from  his  parents,  master  or 
guardian,  giving  his  or  their  consent  to  his  becoming  a  fire- 
may,  may,  by  being  elected,  receive  a  certificate  of  appoint- 
ment. (Ord.  passed  January  31,  1856,  sec.  1,  with  verbal 
changes  throughout  all  sections  in  this  article.) 

§  6.  The  term  of  office  of  the  present  Chief  Engineer  and 
Deputy  Chief  Engineer  of  that  section  of  The  City  of  New 
York  formerly  known  as  the  Village  of  Jamaica  shall  expire 
on  the  first  day  of  March  next;  and  the  Chief  Engineer, 
Clerk  and  Treasurer  hereafter  to  be  elected  shall  hold  their 
respective  offices  for  the  term  of  one  year,  unless  sooner 
removed  by  the  Board  of  Aldermen  for  misconduct  or  neglect 
of  duty.     (Id.,  sec.  2.) 

§  7.  The  nomination  of  the  Chief  Engineer,  Deputy  Chief 
Engineer,  Clerk,  Treasurer  and  Fire  Wardens  of  the  Fire 
Department  shall  be  made  by  the  firemen,  by  ballot,  on  the 
first  Tuesday  in  February,  in  each  year;  such  election  to  be 


CODE  OF  ORDINANCES  OF  THE   CITY  OF  NEW  YORK.  327 

held  at  the  village  hall,  Jamaica,  between  the  hours  of  seven 
and  nine  o'clock  P.  M.,  and  each  person  receiving  the  highest 
number  of  votes  for  any  such  office  shall  be  thereupon 
entitled  to  an  appointment  thereto  by  the  Board  of  Alder- 
men, unless  in  their  judgment,  for  any  cause,  hje  ought  not 
to  be  thus  appointed;  and  in  case  of  such  rejection  it  shall 
be  the  duty  of  the  Board  of  Aldermen  to  order  a  new 
nomination;  and  at  such  new  nomination  the  person  or  per- 
sons thus  rejected  shall  be  ineligible,  and  all  votes  given  for 
him  shall  be  void  and  not  counted.  (Id.,  sec.  3,  as  amended 
June  6,  1872.) 

§  8.  Such  new  nomination  shall  be  made  by  an  election, 
which  shall  be  held  at  such  time  and  place  as  the  Board  of 
Aldermen  shall  direct,  and  at  least  five  days  notice  of  such 
election  shall  be  given  by  the  CLerk  of  the  Board  of  Aldermen 
to  the  secretaries  of  the  different  companies,  and  the  Local 
Board  of  Jamaica,  Borough  of  Queens  shall  act  as  inspectors 
of  all  such  elections;  and  (Id.,  sec.  3,  as  amended  June  6, 
1872.) 

§  9.  It  shall  not  be  lawful  for  any  person  to  vote  at  any 
election  for  officers  of  the  Fire  Department  unless  he  is  an 
active  fireman,  has  not  been  expelled  from  his  company, 
made  an  honorary  member  or  offered  his  resignation, 
whether  accepted  by  his  company  or  not,  unless  such  resig- 
nation has  been  withdrawn  at  least  sixty  days  prior  to  such 
election,  nor  unless  he  has  been  a  member  of  the  depart- 
m£nt  for  sixty  days  previous  to  such  election,  and  is  subject 
to  all  fines  and  dues  imposed  by  the  company  to  which  he 
belongs..     (Id.,  sec.  3,  as  amend.  June  6,  1872.) 

§  10.  The  Captain  of  each  company  shall  return  to  the 
Board  of  Aldermen  at  least  thirty  days  before  any  such 
election  a  list  of  the  members  of  his  company  entitled  to 
vote  thereat,  under  the  foregoing  provisions,  which  shall  be 
duly  verified  by  such  Captain,  and  also  by  the  secretary  of 
his  company,  and  only  the  members  named  in  such  list  shall 
be  allowed  to  vote  at  any  such  election.  (Id.,  sec.  3,  as 
amend.  June  6,  1872.) 

§  11.  The  Chief  Engineer  in  addition  to  the  duties  pre- 
scribed in  section  15,  title  7,  of  the  Charter  of  the  former 
Village  of  Jamaica,  shall  also  report,  in  writing,  to  the 
Deputy  Chief  of  Department  in  Charge  for  the  Boroughs  of 
Brooklyn  and  Queens  all  accidents  by  fire,  with  the  causes 
thereof,  as  well  as  they  can  be  ascertaned,  and  the  number 
and  description  of  the  buildings  destroyed  or  injured,  and 
whenever  any  of  the  fire  engines,  hose  carts,  trucks  and 
hooks  and  ladders,  or  any  other  fire  apparatus,  shall  require 
to  be  repaired,  it  shall  be  his  duty  to  report  the  same  to  the 
Deputy  Chief  of  Department  in  Charge,  Boroughs  of  Brooklyn 
and  Queens,  Fire  Department,  and,  under  his  direction,  to 
the  Superintendent  of  Repairs  thereof,  and  to  report  all  dis- 
obedience of  orders  to  said  Deputy  Chief  of  Departments  in 
Charge,  Boroughs  of  Brooklyn  and  Queens.     (Id.,  sec.  4.) 


328  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

§  12.  It  shall  be  the  duty  of  the  Clerk  of  the  Fire  Depart- 
ment to  keep  in  a  book  to  be  provided  for  that  purpose  an 
accurate  account  of  all  fires  which  maj^  hereafter  take  place, 
with  the  causes  thereof,  the  number  and  description  of  the 
buildings  destroyed  or  injured,  the  estimated  loss  at  such 
fire,  and  the  amount  of  insurance,  as  far  as  the  same  can  be 
ascertained.     (Id.,  sec.  5.) 

§  13.  It  shall  be  the  duty  of  the  several  Fire  Wardens 
elected  by  the  firemen  of  that  section  of  The  City  of  New 
York  formerly  known  as  the  Village  of  Jamaica  to  report, 
from  time  to  time,  the  existence  of  any  unsafe  depository 
for  ashes  or  any  unsafe  chimney,  fireplace,  smoke  pipe  or 
smoke  house,  to  the  Chief  or  Deputy  Chief,  who  shall  report 
to  the  Fire  Marshal  for  the  Boroughs  of  Brooklyn  and 
Queens.  It  shall  also  be  their  duty  to  attend  at  any  fire 
occurring,  and  aid  and  assist  the  Chief  Engineer  in  the  pro- 
curement of  water,  and  the  general  superintendence  of  the 
action  of  the  several  fire,  hose  and  hook  and  ladder  com- 
panies, but  no  person  shall  be  elected  Fire  Warden  unless 
he  shall  have  served  five  years  as  a  fireman,  and  shall  have 
received  his  certificate  of  discharge.     (Id.,  sec.  7.) 

§  14.  The  firemen  shall  be  divided  into  companies,  to  con-  1 
sist  of  as  many  members  as  the  Board  of  Aldermen  have 
directed,  or  shall,  from  time  to  time,  direct,  to  attend  the 
fire  engines,  hose  wagons  and  hooks  and  ladders  belonging, 
or  that  may  hereafter  belong*  to  the  corporation  of  The  City 
of  New  York,  or  to  such  hose  wagons  and  hooks  and  ladders 
as  the  Board  of  Aldermen  shall  direct.  It  shall  be  the  duty 
of  the  said  firemen,  as  often  as  any  fire  shall  break  out  in 
the  former  village  of  Jamaica,  to  repair  immediately,  upon 
the  alarm  thereof,  to  their  respective  engines,  hose  carriages 
and  hooks  and  ladders,  and  convey  them  to  or  near  the  place 
where  such  fire  shall  happen,  unless  otherwise  directed  by 
the  Chief  Engineer,  and  there,  in  such  conformity  with  the 
directions  given  by  him,  to  work  and  manage  the  said  en- 
gines, apparatus  and  implements  with  all  their  skill  and 
power,  and  when  the  fire  is  extinguished  they  shall  not  re- 
move therefrom  but  by  the  permission  of  the  Chief  Engineer, 
Deputy  Chief  Engineer,  or  one  of  the  Fire  Wardens,  and  on 
such  permission  they  shall  return  their  respective  hose 
wagons,  hooks  and  ladders,  engines  and  apparatus,  well 
washed  and  cleansed,  to  their  several  places  of  deposit.  And 
for  the  more  effectual  perfecting  of  the  firemen  in  their 
duty,  and  keeping  and  preserving  the  said  fire  engines  and 
other  implements  and  apparatus  from  decay,  the  said  fire- 
men shall  at  least  once  in  each  of  the  months  of  May,  June, 
July,  August,  September,  October  and  November  drive  out 
their  said  engines  and  other  implements,  in  order  to  work 
and  cleanse  them,  and  to  exercise  the  horses.     (Id.,  sec.  8.) 

§  15.  All  rules,  by-laws  or  regulations  which  shall  be  here- 
after passed  or  adopted  by  any  fire  engine,  hose  or  hook 
^^d  Iftdder  company,  before  the  s«,me  s]iaU  take  effect  or  be 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  320 

in  force,  shall  be  submitted  to  and  be  approved  by  the  Board 
of  Aldermen,  and  all  the  rnles,  by-laws  or  regulations  hereto- 
fore passed  or  adopted  by  any  such  company  shall,  within 
thirty  days  after  the  passage  of  this  ordinance,  be  submitted 
to  the  Board  of  Aldermen  for  their  approval.     (Id.,  sec.  9.) 

§  16.  All  firemen  attached  to  any  fire  engine,  hose  or 
hook  and  ladder  companj--  whose  machine  and  implements 
have  been  taken  away  for  want  of  a  sufficient  complement  of 
men  to  manage  the  same,  shall  at  every  fire,  report  them- 
selves to  the  Chief  Engineer,  or  to  the  Engineer  in  com- 
mand, and  be  subject  to  his  order  and  direction,  and  per- 
form their  duty  as  firemen,  and  for  every  default  thereof 
each  fireman  shall  forfeit  and  pay  the  sum  of  three  dollars, 
to  be  sued  for  and  recovered  as  other  fines  and  penalties,  to 
and  for  the  use  of  The  City  of  New  York.     (Id.,  sec.  10.) 

§  17.  If  any  fireman  shall  be  expelled  by  a  vote  of  the 
company  to  which  he  may  belong,  and  the  fact  being  re- 
ported to  the  Board  of  Aldermen  by  the  Chief  Engineer, 
accompanied  by  a  remonstrance  by  the  person  so  expelled, 
in  every  such  case  the  subject  shall  be  referred  to  the  Com- 
mittee on  Fire  of  the  Board  of  Aldermen  who  shall  hear 
the  parties,  and  report  to  the  Board  for  their  action  thereon. 
(Id.,  sec.  11.) 

§  18.  In  order  that  the  Engineers  and  Fire  Wardens  may 
be  more  readily  distinguished  at  fires,  the  Chief  Engineer 
and  Assistant  Engineers  shall  wear  a  leather  cap,  painted 
white,  wdth  a  gilded  front  thereto,  and  a  fire  engine  blazoned 
thereon,  with  the  words  "  Chief  Engineer "  or  "Assistant 
Engineer,"  as  the  case  may  be,  painted  thereon,  and  shall 
also  carry  a  speaking  trumpet,  and  each  of  the  Fire  Wardens 
shall  we:ar  a  hat  painted  black,  with  the  words  "  Warden  " 
painted  thereon,  and  shall  also  carry  a  speaking  trumpet. 
(Id.,  sec.  12.) 

§  19.  The  Captain  of  the  respective  fire  companies  and 
the  firemen  shall,  when  on  duty,  wear  leather  caps,  and  the 
said  caps  shall  be  painted  and  distinguished  in  such  a 
manner  as  the  different  companies  shall  determine;  the  cap 
of  each  Captain  shall  have  on  the  front  thereof  the  word 
"  Captain,"  with  the  number  of  the  engine  to  which  he 
belongs.  The  cap  of  each  fireman  shall  have  the  name  and 
number  of  the  engine  to  which  he  belongs  in  front  thereof. 
The  Assistant  to  each  respective  company  shall  wear  a  cap 
painted  in  the  same  manner  as  that  of  the  Captain  of  the 
company,  with  the  word  "Lieutenant,"  in  lieu  of  the  word 
"  Captain."  And  it  shall  be  the  duty  of  the  Captain  of  the 
respective  companies  to  report  to  the  Chief  Engineer  the 
name  of  every  person  who  shall  neglect  or  refuse  to  comply 
with  the  foregoing  requisition,  which  said  person  shall 
thereupon  be  removed  from  his  office.     (Id.,  sec.  13.) 

§  20.^  No  fire  engine,  nor  hook  and  ladder,  nor  hose  cart, 
shall,  in  going  to,  or  returning  from  any  fire,  or  at  any 
other  time,  drive  upon  any  sidewalk,  except  by  the  special 


330  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

ordjer  of  the  Chief  Engineer,  or  some  officer  in  charg-e, 
under  the  penalty  of  five  dollars  for  each  offense,  to  be 
forfeited  and  paid  by  each  of  the  firemen  of  the  company, 
and  by  each  and  every  person  aiding  or  assisting  or  con- 
senting to  the  violation  of  any  of  the  provisions  of  this 
section,  to  be  sued  for  and  recovered  in  the  name  of  The 
City  of  New  York.  And  if  any  offense  against  this  section 
shall  be  committed  by  any  fireman  he  shall,  moreover,  in 
the  discretion  of  the  Board  of  Aldermen,  be  removed  from 
his  station  and  office  as  such  fireman.     (Id.,  sec.  14.) 

§  21.  No  fire  engine,  or  hose  or  ladder  carriage  shall  be 
let  out  for  hire,  or  lent  or  taken  beyond  the  limits  of  that 
section  of  The  City  of  Isiew  York  fornuerly  known  as  the 
Village  of  Jamaica,  except  by  permission  of  the  Fire  Com- 
missioner, except  in  case  of  a  fire  in  the  neighborhood  of 
the  former  village  of  Jamaica,  whjen  the  Chief  Engineer 
may  permit  them  to  be  used  on  the  occasion.     (Id.,  sec.  16.) 

§  22.  It  shall  not  be  lawful  for  any  person  or  persons 
wilfully  to  raise  or  create  a  false  alarm  of  fire,  by  pro- 
claiming fire,  or  by  any  other  means  whatsoever,  under  a 
penalty  of  twenty-five  dollars  for  each  and  every  offense. 
(Id.,  sec.  17.) 

§  23.  It  shall  not  be  lawful  for  any  member  of  the  Fire 
Department  to  use  or  aid  in  using  any  fire  engine  belonging 
to  said  Fire  Department  of  The  City  of  New  York  for  a 
wager  of  money  or  upon  any  other  wager,  or  in  strife 
between  engine  companies,  undjer  a  penalty  of  twenty-five 
dollars  for  every  such  offense.  And  each  and  every  person 
offending  against  the  provisions  of  this  ordinance  shall  be 
expelled  from  the  said  Fire  Department.     (Id.,  sec.  18.) 

§  24.  No  owner  or  occupant  of  any  stable  within  that 
section  of  The  City  of  New  York  formerly  known  as  the 
Village  of  Jamaica,  or  any  person  in  the  employment  of 
such  owner  or  occupant,  shall  use  therein  any  lighted 
candle  or  lamp,  except  the  same  shall  be  securely  kept 
within  a  lantern,  under  the  penalty  of  ten  dollars  for  every 
such  offense.     (Id.,  sec.  19.) 

§  25.  It  shall  be  the  duty  of  the  Chief  Engineer  to  sue 
in  the  corporate  name  of  The  City  of  New  York  for  all 
fines  and  penalties  imposed  and  incurred  under  this  ordi- 
nance, and  when  recovered  the  same  shall  be  paid  to  the 
Comptroller  for  the  use  of  The  City  of  New  York,  provided 
that  in  case  the  said  Chief  Engineer  shall  incur  any  penalty, 
it  shall  be  sued  in  the  corporate  name  of  The  City  of  New 
York  by  such  person  as  the  Board  of  Aldermen  may  direct. 
(Id.,  sec.  20.) 


CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  331 

PAET  VIT. 

Ordinances  Relating  to  that  Section  of  the  City  of  New  York 
Formerly  Known  as  the  Village  of  Richmond  Hill. 

Chapter  1. —  Streets  and  Highways. 

Article  I. —  Obstructions. 

Section  1.  No  person  shall  place  or  cause  to  be  placed, 
or  kept  or  suffer  to  remain  in  any  street  or  other  public 
place,  any  logs,  lumber,  box,  cart,  stoves,  planks,  boards  or 
other  articles  or  material  whatever,  so  as  to  incommode  or 
obstruct  the  free  use  or  passage  thereof;  nor  shall  any 
person  place  any  such  article  or  materials  on  any  sidewalk 
within  that  section  of  The  City  of  New  York  formerly 
known  as  the  Village  of  Richmond  Hill,  or  allow  them  to 
remain  there.  Any  person  offendiug  against  the  provisions 
of  this  section,  or  either  of  them,  shall  forfeit  a  penalty 
of  two  dollars,  and  the  further  penalty  of  five  dollars  for 
every  twenty-four  hours  that  any  street  or  sidewalk  shall 
be  so  obstructed;  but  nothing  contained  in  this  section  shall 
prohibit  persons  from  placing  goods  and  merchandise  or 
household  furniture  on  the  sidewalks  for  the  purpose  of 
loading  or  unloading  the  same,  provided  it  shall  be  done 
during  daylight  and  without  any  unreasonable  delay,  and 
provided  a  passageway  for  traffic  at  least  four  feet  wide 
be  left  open.  Nor  shall  this  section  be  construed  to  prevent 
the  temporary  deposit  of  building  materials  upon  any  street 
adjoining  premises  where  a  house  or  other  building  is  in 
course  of  erection,  provided  the  builder  or  owner  of  such 
building  or  premises  shall  first  obtain  a  permit  to  obstruct 
such  street  from  the  President  of  the  Borough,  and  no  such 
materials  shall  be  placed  upon  the  sidewalk  or  obstruct  the 
flow  of  surface  water  through  the  gutter,  nor  shall  they 
occupy  more  than  one-third  of  the  total  width  between  the 
curb  line.  No  such  license  to  deposit  materials  within  the 
street  lines  shall  be  issued  unless  it  appears  that  there  is 
not  sufficient  space  upon  the  owner's  premises  for  such 
storage. 

Article  II. —  Encumbrances. 

§  2.  No  person  shall  erect  or  maintain  a  fence,  structure, 
ditch,  excavation  or  encumbrance  of  any  kind  within  the 
limits  of  a  public  street  or  place,  and  any  such  obstruction 
shall  be  summarily  ^removed  'iby  the  President  of  the 
Borough,  and  the  expense  of  such  removal  shall  be  borne 
by  and  may  be  collected  from  the  owner  or  occupant  of 
the  adjoining  premises  or  the  person  maintaining  such 
encroachment,  provided  notice  of  such  encroachment  shall 
have  been  given  to  such  adjoining  owner.  From  and  after 
three  days  from  such  notice  the  adjoining  owner  or  person 
maintaining  or  responsible  for  such  encroachment,  shall 
forfeit  a  penalty  of  two  dollars  for  every  twenty-four  hours 


332  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YOEK. 

during-  which  said  encroachment  or  obstruction  remains 
within  or  across  the  lines  of  a  public  street  or  place. 
Nothing"  herein  contained  shall  prevent  the  planting  of  shade 
trees  along  the  outer  or  inner  edge  of  a  public  sidewalk, 
nor  the  placing  of  hitching  posts  or  stepping  stones  near 
the  curb  line,  in  such  a  manner  as  not  to  obstruct  the 
walkway. 

PAUT  VIII. 

Ordinances  Relating  to  that  Section  of  the  City  of  New  York 
Formerly  Known  as  the  Village  of  Far  RocUaway. 

Chapteb  1. —  Public  Safety  and  Order. 

Article  I. —  Nuisances. 

Section  1.  Any  person  or  persons  who  shall  make,  aid, 
countenance,  encourage  or  assist  in  making  any  unusual  or 
improper  noise,  riot  or  disturbance  in  the  streets  or  else- 
where in  that  section  of  The  City  of  New  York  formerly 
known  as  the  Village  of  Far  Rockaway,  or  who  shall  collect 
in  crowds  on  any  of  the  highways,  streets,  lanes,  corner 
or  public  places  in  that  section  of  The  City  of  New  York 
formerly  known  as  the  Village  of  Far  Rockaway,  for  un- 
lawful purposes  or  to  the  annoyance  or  inconvenience  of 
travelers,  or  persons  residing  adjacent  thereto,  and  all  per- 
sons who  shall  use  any  obscene,  vulgar  or  profane  language 
in  any  such  highway,  street,  lane  or  public  place,  shall  be 
liable  to  a  fine  of  not  less  than  five  dollars  nor  more  than 
twenty  dollars  for  each  offense.  (Ord.  No.  2,  adopted  May 
8,  1895,  by  Village  of  Far  Rockaway,  with  verbal  changes 
throughout  following  sections  in  this   chapter.) 

§  2.  No  person  shall  run  or  race  any  horse,  or  start  the 
same  for  the  purpose  of  racing,  in  any  public  street  or  road 
vdthin  that  section  of  The  City  of  New  York  formerly 
known  as  the  Village  of  Far  Rockaway,  under  a  penalty  of 
five  dollars  for  every  such  offence.     (Id.,  No.   5.) 

§  3.  No  person  shall  bathe  in  any  of  the  waters  within 
the  corporate  limits  of  that  section  of  The  City  of  New 
York  formerly  kno^vn  as  the  Village  of  Far  Rockaway, 
between  the  hours  of  six  A.  M.  and  eight  P.  M.,  unless 
clothed  in  a  suitable  bathing  dress,  under  a  fine  of  not  less 
than  two  dollars  nor  more  than  five  dollars  for  each  offense. 
(Id.,  No.  7.) 

§  4.  No  person  shall  paste,  nail,  or  in  any  manner  place 
or  cause  t«  be  placed,  any  advertisement,  placard,  poster  or 
sign,  printed,  written  or  painted,  on  any  building  or  other 
property  belonging  to  that  section  of  The  City  of  New 
York  formerly  known  as  the  Village  of  Far  Rockaway,  or 
on  any  fence  or  building  belonging  to  any  individual,  com- 
pany or  corporation,  without  first  obtaining  the  consent  of 
the  owner  thereof,  under  a  penalty  of  five  dollars  for  each 
offense.     (Id.,  No.  8.) 


CODE   OF   ORDINANCES  OF  THE   CITY  OF   NEW  YORK.  333 

§  5v  No  person  shall  be  in  a  state  of  intoxication  in  any 
street,  hig-hway,  thoroug-hfare,  or  other  place  within  the 
limits  of  that  section  of  The  City  of  New  York  formerly 
known  as  the  Villag-e  of  Far  Rockaway,  or  in  any  private 
house  or  place,  to  the  annoyance  of  any  citizen  or  person, 
under  a  fine  of  not  less  than  five  dollars  nor  more  than 
ten  dollars  for  every  such  offense.     (Id.,  No.  12.) 

§  6.  Trades  wagons  shall  not  be  allowed  to  collect  on 
the  streets  or  public  places  of  that  section  of  The  City  of 
New  York  formerly  known  as  the  Village  of  Far  Rockaway, 
to  the  obstruction  of  travel  or  the  annoyance  of  persons 
coming  or  g'oing  on  the  streets,  sidewalks  or  crosswalks, 
or  any  property  owner  or  resident  in  the  vicinity. 

The  fine  for  every  violation  of  this  ordinance  shall  not 
be  less  than  two  dollars  nor  more  than  five  dollars.  (Id., 
No.  23.) 

§  7.  No  person  shall  throw  any  stone,  stick  or  other 
missile,  or  play  ball  in  any  street  of  that  section  of  The 
City  of  New  York  formerly  known  as  the  Village  of  Far 
Rockaway,  under  a  penalty  of  two  dollars  for  each  offense. 
(Id.,  No.  27.) 

Article  II. —  Encumbrances. 

§  8.  No  person  shall  place  or  cause  to  be  placed  any 
stone,  timber,  lumber  or  other  materials  for  building  in 
or  upon  any  highways,  streets,  avenues  and  public  squares 
in  that  section  of  The  City  of  New  York  formerly  known 
as  the  Village  of  Far  Rockaway,  without  a  written  per- 
mission for  that  purpose  first  obtained  from  the  President 
of  the  Borough,  under  a  penalty  of  ten  dollars  for  each 
and  every  forty-eight  hours  during  which  the  articles  or 
materials  aforesaid  shall  be  or  remain  in  any  such  highway, 
street,  avenue  or  public  square  without  p-ermission  as 
aforesaid,  after  notice  from  the  President  of  the  Borough. 
(Id.,  No.  31.) 

§  9.  No  train  of  cars,  or  any  part  of  any  train  of  oars, 
including  the  locomotive  and  tender  thereof,  shall  remain 
or  be  left  across  or  upon  any  of  the  streets  or  walks  of 
that  section  of  The  City  of  New  York  formerly  known  as 
the  Village  of  Far  Rockaway,  so  as  to  obstruct  or  prevent 
free  travel  along  the  same  for  a  longer  period  than  five 
minutes  during  any  period  or  during  any  hour  unless  the 
same  can  be  made  to  appear  unavoidable.  Any  officer,  agent 
or  employe  of  any  railroad  company,  or  any  person  having 
charge  or  control  of  any  such  train  of  cars  or  locomotive 
who  shall  violate  or  suffer  or  allow  any  violation  of  this 
ordinance,  shall  pay  a  fine  of  not  less  than  five  dollars  nor 
more  than  ten  dollars  for  each  offense.     (Id.,  No.  33.) 

§  10.  No  person  shall  wash,  or  cause  to  be  washed,  any 
carriage,  wagon  or  other  vehicle  on  any  street,  lane,  side- 
walk, crosswalk,  or  other  public  place  in  that  section  of 
The  City  of  New  York  formerly  known   as  the  Village   of 


334  CODE   OF   ORDINANCES  OF  THE   CITY  OF   NEW  YORK. 

Par  Kockaway,  under  a  fine  of  not  less  than  two  dollars 
nor  more  than  ten  dollars  for  each,  offense.     (Id.,  No.  35.) 

§  11.  No  person  shall  mix  or  temper  mortar,  or  cause 
the  same  to  be  done,  on  any  sidewalk  or  crosswalk  in  that 
section  of  The  City  of  New  York  formerly  known  as  the 
Village  of  Far  Rockaway,  under  a  penalty  of  ten  dollars 
for  each  offense.     (Id.,  No.  38.) 

§  12.  No  water  company,  gas  company,  person  or  asso- 
ciation of  persons  shall  be  allowed  to  dig  up  any  street 
or  public  place  in  that  section  of  The  City  of  New  York 
formerly  known  as  the  Village  of  Far  Ilockaway  for  the 
purpose  of  laying*  or  repairing  pipes,  or  for  any  other  pur- 
pose, without  a  written  permit  from  the  President  of  the 
Borough,  under  a  penalty  of  ten  dollars  for  every  offense, 
and  the  further  sum  of  ten  dollars  for  every  twenty-four 
hours  the  same  may  be  dug  up  or  left  unfinished  in  addition 
to  the  actual  damage  which  the  corporation  may  sustain. 
For  every  such  permit  issued  as  aforesaid  there  shall  be 
paid  the  sum  of  two  dollars  for  permission  to  dig  up  a 
macadam  road,  and  in  every  case  where  such  permit  is 
granted  as  aforesaid  the  person  or  persons  to  whom  it  is 
granted  shall  properly  restore  the  earth  or  pavement  taken 
up  for  excavating  and  leave  the  surface  in  the  same  con- 
dition substantially  as  before  excavation  was  commenced. 
This  work  shall  be  done  under  the  supervision  of  the 
President  of  the  Borough.     (Id.,  No.  40.) 

§  13.  Any  person  who  shall  have  obtained  a  permit  to 
place  any  building  material,  or  any  material  to  be  used  in 
the  construction  of  any  building,  or  to  place  any  pile  of 
earth  or  sand  dug  from  any  cellar  or  other  excavation  upon 
the  street,  or  who  shall,  after  having  obtained  a  permit 
therefor,  dig  into  the  sidewalk  or  street,  shall  cause  the 
obstruction  caused  thereby  to  be  protected  by  a  sufficient 
barrier,  and  sufficient  light  or  lights  at  or  near  the  obstruc- 
tion for  the  protection  of  travelers  and  passengers  from 
damage  or  injury  by  reason  thereof,  and  for  a  violation  of 
the  provisions  of  this  ordinance  the  penalty  shall  be  a  fine 
of  ten  dollars.     (Id.,  No.  41.) 

§  14.  No  person  shall  place  or  cause  to  be  placed,  or 
keep,  or  suffer  to  be  kept,  any  box,  barrel,  cask  or  other 
articles  on  any  street  or  sidewalk  in  that  section  of  The 
City  of  New  York  formerly  known  as  the  Village  of  Far 
Rockaway,  under  a  penalty  of  five  dollars  for  each  offense, 
axid  the  further  penalty  of  five  dollars  for  every  twenty- 
four  hours  that  the  same  shall  so  remain  after  notice  from 
the  President  of  the  Borough.     (Id.,  No.  43.) 

Article  III.—  False  Alarm  of  Fire. 

§  15.  If  any  person  shall  wilfully  or  designedly  alarm 
the  citizens  of  that  section  of  The  City  of  New  York  for- 
merly known  as  the  Village  of  Far  Rockaway  by  a  false  cry 


CODE  OF  OBDINANCES  OF  THE  CITY  OF  NEW  YORK.  335 

of  fire,  or  any  other  unusual  noise,  he  shall  be  liable  to  a 
penalty  of  ten  dollars  for  each  offense.     (Id.,  No.  48.) 

Chapter  2. —  Volunteer  Fire  Department. 
Article  I. —  Rules  and  Regulations. 

8  16.  The  secretaries  of  the  several  fire  companies  in 
that  section  of  The  City  of  New  York  formerly  known  as 
the  Village  of  Far  Rockaway  shall,  within  ten  days  after 
the  election  of  officers  by  said  companies,  certify  to  the 
City  Clerk  of  The  City  of  New  York  the  names  of  the  offices 
filled  at  each  election  and  the  names  of  the  persons  elected 
to  such  office.     (Id.,  No.  49.) 

§  17.  Within  ten  days  after  the  election  of  a  member  of 
any  of  the  fire  companies  of  that  section  of  The  City  of 
New  York  formerly  known  as  the  Village  of  Far  Kockaway, 
the  secretary  of  the  company  in  which  said  member  was 
elected  shall  certify  his  name  and  the  fact  and  date  of  his 
election  to  the  City  Clerk  of  The  City  of  New  York.  All 
resignations  of  firemen,  as  also  all  removals  with  a  state- 
ment of  the  cause  of  removal  in  each  case  shall,  within 
ten  days  of  the  date  thereof,  be  certified  by  the  secretary 
of  the  company  in  which  the  same  shall  take  place,  to  the 
City  Clerk  of  The  City  of  New  Y'ork.     (Id.,  No.  50.) 

§  18.  Between  the  1st  day  of  October  and  the  1st  day  of 
November  of  each  year  the  secretaries  of  the  several  fire 
companies  of  that  section  of  The  City  of  New  York  formerly 
knov\m  as  the  Village  of  Far  Rockaway,  shall  furnish  to  the 
City  Clerk  of  The  City  of  New  York  a  correct  list  of  the 
members  of  their  respective  companies  in  good  standing, 
and  they  shall  certify  in  such  lists  only  those  firemen  who 
have  complied  wdth  the  by-laws  of  their  respective  com- 
panies and  who  have  done  at  least  fifty  -per  cent,  of  duty 
at  fires  during  the  twelve  months  preceding  the  date  of 
such  certificate.     (Id.,  No.  51.) 

§  19.  If  any  fireman  shall  neglect  or  refuse  to  attend 
inspection  or  parade  when  ordered  by  the  Chief,  or  if  any 
fireman  shall  be  absent  from  duty  at  fires  vdthout  sufficient 
cause,  or  shall  refuse  or  neglect  to  do  his  duty  as  ordered 
by  the  Chief  or  Foreman  of  his  company,  he  shall  be  liable 
to  a  penalty  of  two  dollars  for  each  offense  and  be  subject 
to  be  removed  from  his  position  as  fireman.     (Id.,  No.  52.) 

Chapter  3. —  Fines  and  Penalties. 
Article  I. —  Yiolations  of  Ordinances. 

§  20.  In  case  any  by-laws,  resolutions  or  ordinances  of 
that  section  of  The  City  of  New  York  formerly  known  as 
the  Village  of  Far  Rockaway,  be  violated  or  disobeyed,  and 
there  shall  be  no  provisions  incorporated  therein  for  a 
penalty  for  such  violation  or  disobedience,  the  person  so 
yiolating  or  disobeying  said  by-law,  resolution  or  ordinance 


ooG  CODE  OF  OBDINANCES  OF  THE  CITY  OF  NEW  YORK. 

shall  forfeit  and  pay  not  less  than  five  dollars  nor  more 
than  fifty  dollars,  In  the  discretion  of  the  magistrate  before 
whom  such  person  shall  be  convicted  of  such  violation. 
(Id.,  No.  53.) 

§  21.  All  fines,  penalties  or  violations  of  these  ordinances 
may  be  prosecuted  for  and  collected  in  the  manner  pre- 
scribed by  law,  together  with  the  costs  of  proceedings. 
(Id.,  No.  54.) 

PAET  IX. 

Ordinances  Relating  to  that  Section  of  the  City  of  New  York 
Formerly  Known  as  the  Tillage  of  Rockaivay  Beach. 

Chapter  1. —  General  Kegulations. 

Section  1.  Any  person  or  persons  who  shall  make,  aid. 
countenance,  encourage  or  assist  in  making  any  unusual 
or  improper  noisje,  riot  or  distubance  in  the  streets  or  else- 
where, or  who  shall  congregate  on  any  of  the  highways, 
streets,  lanes,  corners  or  public  places  in  that  section  of 
The  City  of  New  York  formerly  known  as  the  Village  of 
Rockaway  Beach,  to  the  annoyance  or  inconvenience  of 
travelers,  or  of  persons  residing  adjacent  thereto,  and  all 
persons  who  shall  use  any  profane,  obscene  or  vulgar  lan- 
guage in  any  such  highway,  street,  lane  or  public  place, 
shall  be  liable  to  a  fine  of  not  less  than  one  dollar  nor  more 
than  twenty  dollars  for  each  offense,  or  in  lieu  thereof,  not 
more  than  ten  days'  imprisonment  in  the  county  jail  or  other 
place  most  convenient  and  lawfully  available.  (Ord.  No.  3, 
adopted  July  1,  1897,  by  Village  of  Rockaway  Beach,  wdth 
Yerbal  changes  throughout  this  chapter.) 

§  2.  No  person  shall  run  or  race  any  horse,  or  start  the 
same  for  the  purpose  of  racing  in  any  public  street  or  road 
within  the  limits  of  that  section  of  The  City  of  New  York 
formerly  known  as  the  Village  of  Rockaway  Beach,  under 
a  penalty  of  five  dollars  for  every  such  offense.     (Id.,  No.  4.) 

§  3.  No  person  shall  place  or  caiise  to  be  placed,  or  keep, 
or  suffer  to  be  kept,  any  box,  barrel,  cask  or  other  articles 
on  any  street  or  sidewalk  in  that  section  of  The  City  of 
New  York  formerly  known  as  the  Village  of  Rockaway 
Beach,  under  a  penalty  of  five  dollars  for  every  twenty- 
four  hours  that  the  same  shall  so  remain  after  notice  from 
the  President  of  the  Borough.  All  garbage  and  swill  shall, 
pending  re^moval,  be  kept  in  metal  cans  having  covers  of 
metal.     (Id.,  No.  5.) 

§  4.  No  person  shall  wash  or  cause  to  be  washed  any 
carriage,  wagon  or  other  vehicle  on  any  street,  lane,  side- 
walk, crosswalk  or  other  public  place  in  that  section  of 
The  City  of  New  York  formerly  known  as  the  Village  of 
Rockaway  Beach,  under  a  fine  of  not  less  than  two  dollars 
nor  more  than  ten  dollars  for  each  offense.     (Id.,  No.  20.) 

§  5.  No  person  shall  alter  or  disturb  the  grade  of  any 
street  or  |)u"bUQ  place  without  a  permit  from  tbe  President 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  337 

of  the  Borough,  and  then  only  under  the  supervision  of  the 
i'resident  of  the  Borough,  under  the  fine  of  not  less  than  ten 
dollars  nor  more  than  $100.  No  person  or  corporation 
shall  dig  in  or  upon  any  such  street  or  public  place  without 
such  permit,  ajid  then  only  under  such  supervision  under 
the  like  fine.  As  the  condition  of  granting  such  permit, 
the  President  of  the  Borough  may  require  a  cash  deposit  of 
such  sum  as  will  be  sufficient,  in  his  judgment,  to  restore 
such  street  or  place  to  its  former  condition.  (Id.,  No.  23, 
sec.  4.) 

§  6.  No  water  company,  gas  company,  telephone,  tele- 
graph or  electric  light  company,  or  person  or  association  of 
persons  shall  be  allowed  to  dig  up  any  street  or  public 
place  in  that  section  of  The  City  of  New  York  formerly 
known  as  the  Village  of  Kockaway  Beach,  for  the  purpose 
of  laying  or  repairing  pipes,  or  for  any  other  purpose  with- 
out a  written  permit  from  the  President  of  the  Borough, 
under  a  penalty  of  ten  dollars  for  every  offense,  and  the 
further  sum  of  ten  dollars  for  every  twenty-four  hours 
the  same  may  be  dug  or  left  unfinished  in  addition  to  the 
actual  damage  which  the  former  Village  of  llockaway  Beach 
may  sustain.  For  every  such  permit  issued  as  aforesaid, 
there  shall  be  paid  the  sum  of  two  dollars  per  foot  for 
permission  to  dig  up  a  macadam  road,  and  in  every  case 
where  such  permit  is  granted  as  aforesaid,  the  person  or 
persons  to  whom  it  is  granted  shall  properly  restore  the 
earth  or  pavement  taken  up  for  excavating,  and  leave  the 
service  in  the  same  condition  substantially  as  before  the 
excavation  was  commenced.  As  the  condition  of  granting 
such  permit,  the  President  of  the  Borough  may  require  a 
cash  deposit  of  such  sum,  as  in  his  judgment,  will  be  suffi- 
cient to  restore  such  street  or  place  to  its  former  condition. 
(Id.,  No.  24.) 

§  6A.  No  train  of  cars,  or  any  part  of  any  train  of  cars, 
including  the  locomotive  and  tender  thereof,  shall  remain 
or  be  left  across  or  upon  any  of  the  streets  or  walks  of 
that  section  of  The  City  of  New  York  formerly  known  as 
the  Village  of  Rockaway  Beach,  so  as  to  obstruct  or  prevent 
free  travel  along  the  same  for  a  longer  period  than  five 
minutes  during  any  period,  or  during  any  hour,  unless  the 
same  can  be  made  to  appear  unavoidable.  Any  officer,  agent 
or  employe  of  any  railroad  company,  or  any  person  having 
charge  or  control  of  any  such  train  of  cars  or  locomotive 
who  shall  violate  or  suffer  or  allow  any  violation  of  this 
ordinance  shall  pay  a  fine  of  not  less  than  five  dollars  nor 
more  than  ten  dollars  for  each  offense.     (Id.,  No.  25.) 

§  7.  No  hay,  straw,  chips,  shavings,  or  other  combustible 
substances  shall  be  set  on  fire  or  burned  in  any  street  at 
any  time,  or  in  any  lot  in  that  section  of  The  City  of  New 
York  formerly  known  as  the  Village  of  Eockaway  Beach, 
under  a  penalty  of  ten  dollars,  to  be  incurred  by  atiy  person 
directing  or  causing  the  same  to  be  done,     (Id.,  No,  20.) 

S3 


338  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

§  8.  Trade  wagons  shall  not  be  allowed  to  collect  on  the 
streets  or  public  places  of  that  section  of  The  City  of  New 
York  formerly  known  as  the  Yillage  of  Rockaway  Beach, 
to  the  obstruction  of  travel  or  the  annoyance  of  persons 
coming  and  going  on  the  streets,  sidewalks,  or  crosswalks, 
or  of  any  property  o%vner  or  resident  in  the  vicinity.  The 
fine  for  every  violation  of  this  section  shall  not  be  less  than 
two  dollars  nor  more  than  five  dollars.     (Id.,  No.  27.) 

§  9.  No  person  shall,  without  written  permission  from 
the  President  of  the  Borough,  dig  or  remove,  carry  away, 
or  cause  the  same  to  be  done,  any  stone,  earth,  sand  or 
gravel  from  any  public  street,  highway,  lane  or  public  place 
in  that  section  of  The  City  of  New  York  formerly  known  as 
the  Village  of  Eockaway  Beach.  Every  person  violating  the 
provisions  of  this  section  shall  be  liable  to  a  fine  of  not  less 
than  five  dollars  nor  more  than  ten  dollars  for  each  such 
offense.     (Id.,  No.  28.) 

§  10.  No  person  shall  place  or  cause  to  be  placed  any 
stone,  timber,  lumber,  or  other  materials  for  building  in 
or  upon  any  highways,  streets,  avenues  and  public  squares 
in  that  section  of  The  City  of  New  York  formerly  known 
as  the  Village  of  Rockaway  Beach,  without  written  permis- 
sion for  that  purpose  first  obtained  from  the  President  of 
the  Borough,  under  a  penalty  of  ten  dollars  for  each  and 
every  fortynsight  hours  during  which  the  articles  or  mate- 
rials aforesaid  shall  be  or  remain  in  any  such  highwaj% 
street,  avenue  or  public  square  without  permission  as  afore- 
.said.     (Id.,  No.  29.) 

§  11.  Any  person  who  shall  have  obtained  a  permit  to 
place  any  building  material,  or  any  material  to  be  used 
in  the  construction  of  any  building,  or  to  place  any  pile  of 
earth  or  sand  dug  from  any  cellar  or  other  excavation  upon 
the  street,  or  who  shall,  after  having  obtained  a  permit 
therefor,  dig  into  the  sidewalk  or  street,  shall  cause  the 
obstruction  caused  thereby  to  be  protected  by  a  sufficient 
barrier,  and  sufficient  light  or  lights  at  or  near  the  obstruc- 
tion for  the  protection  of  travelers  and  passengers  from 
(famage  or  injury  by  reason  thereof,  and  for  a  violation  of 
the  provision  of  this  ordinance,  the  penalty  shall  be  a  fine 
of  ten  dollars.     (Id.,  No.  30.) 

§  12.  No  person  shall  mix  or  temper  mortar,  or  cause  the 
same  to  be  done,  on  any  sidevralk  or  crosswalk  in  that  sec- 
tion of  The  City  of  New'  York  formerly  knovm  as  the  Village 
of  Rockaway  Beach,  under  a  penalty  of  ten  dollars  for  each 
offense.     (Id.,  No.  32.) 

§  13.  No  person  shall  paste,  nail,  or  in  any  manner 
place  or  cause  to  be  placed,  any  advertisement,  placard, 
poster  or  sign,  printed,  written  or  painted,  on  any  building 
or  other  property  belonging  to  that  section  of  The  City 
of  New  York  formerly  known  as  the  Village  of  Rockaway 
Beach,  or' on  any  fence  or  building  belonging  to  any  indi- 
vidual, company  or  corporation,  without  first  obtaining*  the 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  339 

consent  of  the  owner  thereof,  under  a  penalty  of  two  dollars 
for  each  offense.     (Id.,  No.  33.) 

§  14.  It  shall  be  unlawful  for  any  person  to  play  a  hand 
organ  or  other  musical  instrument  in  any  of  the  streets  or 
public  places  in  that  section  of  The  City  of  New  York  for- 
merly known  as  Rockaway  Beach,  without  having  first 
obtained  a  license  therefor  from  the  Mayor,  and  paid  for 
such  license,  for  the  use  of  The  City  of  New  York,  not  less 
than  t£n  dollars,  nor  more  than  fifty  dollars,  at  the  dis- 
cretion of  the  Mayor  granting  the  license.  Every  such 
license  shall  provide  that  the  player  shall,  at  the  request 
of  any  householder,  move  away  to  a  distance  of  500  feet 
from  said  householder's  residence,  shall  restrict  playing  to 
week  days  between  nine  A.  M.  and  seven  P.  M.,  shall  expire 
on  the  1st  day  of  May  next  suceeding  the  date  of  issue,  and 
shall  not  be  transferred  vdthout  the  consent  of  the  Mayor. 
This  ordinance  shall  not  apply  to  parades  of  military  or 
political  organizations.  Any  person  violating  this  ordinance 
or  the  conditions  of  the  license  granted  to  him  thereunder 
shall  be  liable  to  a  fine  of  not  Less  than  five  dollars  nor  more 
than  twenty  dollars  for  each  offense.     (Id.,  No.  35.) 

§  15.  The  playing  of  a  piano  or  other  musical  instrument 
in  any  place  or  building  shall  not  be  permitted  after  mid- 
night without  the  majority  consent  in  writing  by  house- 
holders within  the  limit  of  300  feet  in  any  direction  from 
such  place  or  building,  under  fine  of  not  less  than  five 
dollars  nor  more  than  twenty-five  dollars.  (Id.,  No.  35,  sec.  3.) 

§  16.  If  any  person  shall  wilfully  or  designedly  alarm 
the  citizens  of  that  section  of  The  City  of  New  York  for- 
merly known  as  the  Village  of  Rockaway  Beach  by  a  false 
cry  of  fire,  or  other  unusual  noise,  shall  he  fined  not  less 
than  two  dollars  nor  more  than  five  dollars  for  each  offense. 
(Id.,  No.  47.) 

§  17.  No  person  shall  throw  any  stone,  stick  or  other 
missile,  or  play  ball  in  any  street  of  that  section  of  The 
City  of  New  York  formerly  known  as  the  Village  of  Rock- 
away Beach,  under  a  penalty  of  two  dollars  for  each  offense. 
(Id.,  No.  48.) 

§  18.  No  person  shall  be  in  a  state  of  intoxication  in  any 
street,  highway,  thoroughfare  or  other  public  place  within 
that  section  of  The  City  of  New  York  formerly  known  as 
the  Village  of  Rockaway  Beach,  to  the  annoyance  of  any 
citizen  or  person,  under  a  fine  of  not  less  than  five  dollars 
nor  more  than  ten  dollars  for  every  such  offense. 

It  shall  be  the  duty  of  each  and  every  police  officer  to 
arrest  any  person  drunk  or  intoxicated  as  aforesaid,  and 
to  confine  such  person  to  jail.     (Id.,  No.  49.) 

§  19.  No  person  shall  bathe  in  any  of  the  waters  within 
that  section  of  The  City  of  New  Y^ork  formerly  known  as 
the  Village  of  Rockaway  Beaeh  unless  clothed  in  a  suitable 
bathing  dress,  under  a  fine  of  not  less  than  two  dollars  nor 
more  than  five  dollars  for  each  offense.     (Id.,  No.  50.) 


340  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

§  20.  In  case  any  ordinances  of  that  section  of  The  City 
of  New  York  formerly  known  as  the  Village  of  Kockaway 
Beach  be  violated  or  disobeyed,  and  there  shall  be  no  pro- 
visions incorporated  therein  for  a  penalty  for  such  viola- 
tions or  disobedience,  the  persons  so  violating  or  disobeying 
said  ordinances  shall  forfeit  and  pay  not  less  than  five 
dollars  nor  more  than  fifty  dollars,  in  the  discretion  of  the 
magistrate  before  whom  such  person  shall  be  convicted  of 
such  violation.  (Id.,  No.  52.) 

§  21.  All  fines,  penalties,  or  forfeitures  for  violation  of 
these  ordinances  may  be  prosecuted  for  and  collected  in  the 
manner  prescribed  by  law,  together  yvith  the  costs  of  pro- 
ceedings.    (Id.,   sec.  53.) 

§  22.  It  shall  be  unlawful  for  any  corporation,  association 
or  individual  hereafter  to  continue,  construct,  erect,  main- 
tain or  string  above  ground  in  any  street,  avenue  or  high- 
way in  that  section  of  The  City  of  New  York  formerly 
known  as  the  Village  of  Kockaway  Beach  any  telegraph, 
telephone  or  conductors,  poles  or  wires,  very  corporation, 
association  or  individual  owning,  operating,  managing  or 
controlling  telegraph  or  telephone  poles,  cables  or  con- 
ductors, including  what  is  known  as  telegraph  poles  and 
the  other  appurtenances  thereto,  shall  remove  the  same 
from  the  surface  of  all  streets,  avenues,  highways,  public 
grounds  or  public  places  in  that  section  of  The  City  of 
New  York  formerly  known  as  the  Village  of  Kockaway 
Beach.     (Id.,  No.  57,  as  amend,  by  ord.  app.  Nov.  23,  1906.) 

§  23.  All  telegraph,  telephone  and  electric  light  poles, 
wires  or  conductors,  which  at  the  time  of  the  passage  of  this 
ordinance  shall  have  been  standing  for  three  months  prior 
thereto,  disused  or  abandoned,  or  which  shall  hereafter  re- 
main or  stand  disused,  or  be  or  become  disused  or  abandoned, 
in,  over  or  upon  any  of  the  streets,  avenues,  sidewalks, 
public  grounds  or  public  places  of  that  section  of  The  City 
of  New  York  formerly  known  as  the  Village  of  Eockaway 
Beach  shall  be  forthwith  removed.     (Id.,  res.  57,  sec.  2.) 

§  24.  It  shall  be  the  duty  of  the  corporation,  association, 
person  or  persons  owning,  operating,  managing  or  con- 
trolling anj"-  disused  or  abandoned  poles,  wdres  or  conductors, 
or  any  poles,  wires  or  conductors  which  are  dangerous  or 
unsafe,  forthwith  to  take  down  and  remove  the  same;  and 
a  failure  to  do  so  is  hereby  declared  a  violation  of  this 
ordinance,  and  shall  constitute  disorderly  conduct,  and  the 
corporation,  association,  person  or  persons  so  violating  the 
same  shall  be  disorderly  persons.     (Id.,  No.  57,  sec.  2.) 

§  25.  This  provision  is  made  a  police  regulation  in  and 
for  that  section  of  The  City  of  New  York  formerly  known  as 
the  Village  of  Kockaway  Beach,  and  in  case  the  owmer, 
owners,  operators  or  persons  controlling  such  wires,  poles, 
conductors  or  devices  shall  not  cause  them  to  be  removed 
from  such  streets,   sidewalks  and  public  places  as  in  this 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  341 

ordinance  required,  it  shall  be  the  duty  of  the  President  of 
the  Borough  to  remove  or  cause  the  same  to  be  removed 
forthv^rith.     (Id.,  No.  57,  sec.  3.) 

§  26.  It  shall  be  unlawful  hereafter  for  any  corporation, 
association,  person  or  j)ersons  to  take  up  the  pavements, 
streets  or  sidewalks  of  that  section  of  New  York  city  form- 
erly known  as  the  Village  of  Eockaway  Beach  or  to  exca- 
vate in,  on  or  about  any  of  said  streets,  sidewalks  or  public 
places,  or  in  any  manner  to  interfere  therewith  for  the 
purpose  of  laying  underground  any  electrical  conductors 
unless  a  permit  in  writing  therefor  shall  have  been  first 
obtained  from  the  President  of  the  Borough,  and  except 
with  such  permission,  no  electrical  conductors,  wires,  con- 
duits or  other  figures  or  devices  therefor  shall  be  continued, 
constructed,  erected  or  maintained  or  strung  under  ground 
in  any  part  of  said  village.     (Id.,  No.  57,  sec.  4.) 

§  27.  For  every  violation  of  this  ordinance  the  corporar 
tion,  association  or  individuals  violating  the  same  shall  be 
liable  to  a  penalty  of  five  dollars  per  day  for  every  pole 
allowed  to  remain  within  that  section  of  New  York  city 
formerly  known  as  the  Village  of  Kockaway  Beach,  by  the 
President  of  the  Borough  or  after  a  notice  to  remove  the 
same  shall  have  been  given  by  the  President  of  the 
Borough.     (Id.,  No.  57,  sec.  5.) 

§  28.  In  addition  to  this  penalty  it  is  ordained  that  any 
violation  of  this  ordinance  shall  constitute  disorderly  con- 
duct, and  the  corporation,  association,  person  or  persons 
violating  the  same  shall  be  disorderly  persons.  Id.,  No.  57, 
sec.   6.) 

PART  X. 

Ordinances  Relating  to  that  Section  of  the  City  of  New  Tork 
Formerly  Known  as  the  Village  of  Arverne-by'the-Sea. 

Chapter  1. —  Public  Safety  and  Order. 

Article  I. —  Nuisances. 
Section  1.  Any  person  or  persons  who  shall  make,  aid, 
countenance,  encourage  or  assist  in  making  any  unusual  or 
improper  noise,  riot  or  disturbance  in  the  streets  or  else- 
where or  who  shall  congregate  on  any  of  the  highways, 
streets,  lanes,  comers  or  public  places  in  that  section  of 
The  City  of  New  York  formerly  known  as  the  Village  or 
Arverne-by-the-Sea  to  the  annoyance  or  inconvenience  of 
travelers,  or  of  persons  residing  adjacent  thereto,  and  all 
persons  who  shall  use  obscene,  vulgar  or  profane  language 
in  any  such  highway,  street,  lane  or  public  place  shall  be 
liable  to  a  penalty  of  not  less  than  one  dollar  nor  more 
than  twenty  dollars  for  each  offense,  or,  in  lieu  thereof,  not 
more  than  ten  days'  imprisonment.  (Ord.  No.  3,  adopted 
Jan.  4,  1896,  by  Village  of  Arverne-by-the-Sea.  With  verbal 
changes  throughout  following  section^.) 


342  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.    . 

Article  II. —  Prevention  of  Vice. 

§  2.     Vice  and  immorality,  disturbance  of  the  public  peace 
and  order,  disorderly  houses,  gambling-  houses,  instruments  . 
and  devices  for  gaming,  and,  in  general,  all  acts,  things  and 
omissions  forbidden  by  the  laws  of  the  State  of  New  York, 
are  hereby  forbidden. 

Except  as  prescribed  in  these  ordinances,  the  penalties  for 
such  acts  shall  be  those  imposed  by  the  laws  of  the  State. 
(Id.,  sec.  43.) 

§  3.  It  shall  be  unlawful  to  write,  print,  publish  or  post 
any  obscene  or  indecent  writing,  picture,  or  print  in  that 
section  of  The  City  of  New  York  formerly  known  as  the 
Village  of  Arverne-by-the-Sea,  or  to  deface  any  post,  wall, 
fence,  building,  or  other  surface  with  any  obscene  or  in- 
decent mark,  writing,  picture  or  print. 

Any  person  violating  any  of  the  provisions  of  this  ordi- 
nance shall  be  liable  to  a  fine  of  not  less  than  twenty  dollars 
nor  more  than  fifty  dollars  for  each  offense.     (Id.,  sec.  44.) 

Article  III. —  False  Alarm  of  Fire. 
§  4.  If  any  person  shall  wilfully  or  designedly  alarm  the 
citizens  of  that  section  of  The  City  of  New  York  formerly 
known  as  the  Village  of  Arverne-by-the-Sea,  by  a  false  cry 
of  fire  or  other  unusual  noise,  he  shall  be  fined  not  less  than 
two  dollars  nor  more  than  five  dollars  for  each  offense. 
(Id.,  sec.  47.) 

Article  IV. —  Miscellaneous  Provisions. 

§  5.  No  person  shall  throw  any  stone,  stick  or  other 
missile,  or  play  ball,  in  any  street  of  that  section  of  The 
City  of  New  York  f ormjerly  known  as  the  Village  of  Arverne- 
by-the-Sea,  under  a  penalty  of  two  dollars  for  each  offense. 
(Id.,  sec.  48.) 

§  6.  No  person  shall  bathe  in  any  of  the  waters  within  the 
limits  of  that  section  of  The  City  of  New  York  formerly 
known  as  the  Village  of  Arverne-i3y-the-Sea,  unless  clothed 
in  a  suitable  bathing  dress,  under  a  fine  of  not  less  than 
two  dollars  nor  more  than  five  dollars  for  each  offense. 
(Id.,  sec.  50.) 

Chapter  2. —  Streets  and  Highways. 
Article  I. —  WasJiing  of  Carriages. 
§  7.  No  person  shall  wash  or  cause  to  be  washed  any 
carriage,  wagon  or  other  vehicle  on  any  street,  lane,  side- 
walk, crosswalk  or  other  public  place  in  that  section  of  The 
City  of  New  York  formerly  known  as  the  Village  of  Arverne- 
by-the-Sea,  under  a  fine  of  not  less  than  tv^no  dollars  nor 
more  than  ten  dollars  for  each  offense.     (Id.,  sec.  20.) 

Article  II. —  Encumbrances  and  Excavations. 
§  8.     No  person   shall  alter   or  disturb   the  grade   of  any 
street  or  public  place  without  a  permit  from  the  President 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  343 

of  the  Borough,  and  then  only  under  the  supervision  of  the 
President  of  the  Boroug-h,  under  a  fine  of  not  less  than  ten 
dollars  nor  more  than  $100.  No  person  or  corporation  shall 
dig  in  or  upon  any  such  street  or  public  place  without  such 
permit,  and  then  only  under  such  supervision,  under  the 
like  penalty.  As  the  conditions  of  granting  such  permit  the 
President  of  the  Borough  may  require  a  cash  deposit  of 
such  Slim  as  will  be  sufficient,  in  his  judgment,  to  riestore  such 
street  or  place  to  its  former  condition.     (Id.,  No.  23,  sec.  4.) 

§  9.  No  water  company,  gas  company,  telegraph,  tele- 
phone or  electric  light  company,  or  person  or  association 
of  persons,  shall  be  allowed  to  dig  up  any  street  or  public 
place  in  that  section  of  The  City  of  New  York  formerly 
known  as  the  Village  of  Arverne-by-the-Sea,  for  the  purpose 
of  laying  or  repairing  pipes,  or  for  any  other  purpose, 
without  a  written  permit  from  the  President  of  the  Borough, 
under  a  penalty  of  ten  dollars  for  every  offense,  and  a  fur- 
ther sum  of  ten  dollars  for  every  twenty-four  hours  the 
same  may  be  dug  up  or  left  unfinished,  in  addition  to  the 
actual  damage  which  The  City  of  New  York  may  sustain. 
For  every  such  permit  issued  as  aforesaid  there  shall  be 
paid  the  sum  of  two  dollars  per  foot  for  permission  to  dig 
up  a  macadam  road;  and,  in  every  case  where,  such  permit 
is  granted  as  aforesaid,  the  person  or  persons  to  whom  it 
is  granted  shall  properly  restore  the  earth  or  pavement 
taken  up  for  excavating  and  leave  the  surface  in  the  s.ame 
condition  substantially  as  before  the  excavation  was  com- 
menced. This  work  shall  be  done  under  the  supervision  of 
the  President  of  the  Borough. 

As  the  condition  of  granting  such  permit,  the  President 
of  the  Borough  may  require  a  cash  deposit  of  such  sum  as, 
in  his  judgment,  will  be  sufficient  to  restore  such  street  or 
place  to  its  former  condition.  But  nothing  in  this  ordinance 
shall  be  construed  as  authorizing  or  permitting  the  erec- 
tion or  maintenance  of  any  poles  or  overhead  wires  in  the 
streets  or  avenues  of  that  section  of  The  City  of  New  York, 
formerly  known  as  the  Village  of  Jamaica.     (Id.,  No.  24.) 

§  10.  No  train  of  cars  or  any  part  of  any  train  of  cars, 
including  the  locomotive  and  tender  thereof,  shall  remain  or 
be  left  across  or  upon  any  of  the  streets  or  walks  of  that 
section  of  The  City  of  New  York  formerly  known,  as  the 
Village  of  Arverne-by-the-Sea,  so  as  to  obstruct  or  prevent 
free  travel  along  the  same  for  a  longer  period  than  five 
minutes  during  any  period  or  during  any  hour,  unless  the 
same  can  be  made  to  appear  unavoidabLe.  Any  officer,  agent 
or  employee  of  any  railroad  company,  or  any  person  having 
charge  or  control  of  any  such  train  of  cars  or  locomotive, 
who  shall  violate  or  suffer  or  allow  any  violation  of  this 
ordinance  shall  pay  a  fine  of  not  less  than  five  dollars  nor 
more  than  ten  dollars  for  each  offense.     (Id.,  No.  25.) 

§  11.  No  hay,  straw,  chips,  shavings  or  other  combustible 
substances  shall  be  set  on  fire  or  burned   in   nrv  street  at 

»jiy  tim«,  or  in  any  lot  in  that  section  of  The  City  of 


844  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

New  York  formerly  known  as  the  Village  of  Arverne-by-the- 
Sea,  under  a  penalty  of  ten  dollars,  to  be  incurred  by  any 
person  directing  or  causing  the  same  to  be  done.  (Id., 
No.  26.) 

§  12.  Trades  wagons  sball  not  be  allowed  to  collect  on 
the  streets  or  public  places  of  that  section  of  The  City  of 
New  York  formerly  known  as  the  Village  of  Arverne-by-the- 
Sea,  to  the  obstruction  of  travel  or  the  annoyance  of  per- 
sons coming  and  going  on  the  streets,  sidewalks  or  cross- 
walks, or  of  any  property  owner  or  resident  in  the  vicinity. 

The  fine  for  every  violation  of  this  section  shall  not  be 
less  than  two  dollars  nor  more  than  five  dollars.  (Id., 
No.  27.) 

§  13.  No  person  shall,  without  written  permission  from 
the  President  of  the  Borough,  dig  or  remove,  carry  away  or 
cause  the  same  to  be  done,  any  stone,  earth,  sand  or  gravel 
from  any  public  street,  highway,  lane  or  public  place  in  that 
section  of  The  City  of  New  York  formerly  known  as  the 
Village  of  Arverne-by-the-Sea.  Every  person  violating  the 
provisions  of  this  section  shall  be  liable  to  a  fine  of  not  less 
than  five  dollars  nor  more  than  ten  dollars  for  each  such 
offense.     (Id.,  No.  28.) 

§  14.  No  person  shall  place  or  cause  to  be  placed  any 
stone,  timber,  lumber  or  other  materials  for  building  in  or 
upon  any  highways,  streets,  avenues  or  public  squares  in 
that  section  of  The  City  of  New  York  formerly  known  as 
the  Village  of  Arverne-by-the-Sea  without  a  written  per- 
mission for  that  purpose  first  obtained  from  the  President 
of  the  Borough,  under  a  penalty  of  ten  dollars  for  each  and 
every  forty-eight  honrs  during  which  the  articles  or 
materials  aforesaid  shall  be  or  remain  in  any  such  highway, 
street,  avenue  or  public  square  without  permission  as  afore- 
said, after  notice  from  the  President  of  the  Borough  to  re- 
move the  same.     (Id.,  No.  29.) 

§  15.  Any  person  who  shall  have  obtained  a  permit  to 
place  any  building  material,  or  any  material  to  be  used  in 
the  construction  of  any  building  or  to  place  any  pile  of 
earth  or  sand  dug  from  any  cellar  or  other  excavation  upon 
the  street,  or  who  shall,  after  having  obtained  a  permit 
therefor,  dig  into  the  sidewalk  or  street,  shall  cause  the 
obstruction  caused  thereby  to  be  protected  by  a  sufficient 
barrier,  and  sufficient  light  or  lights  at  or  near  the  obstruc- 
tion, for  the  protection  of  travelers  and  passengers  from 
damage  or  injury  by  reason  thereof,  and  for  a  violation  of 
the  provisions  of  this  ordinance  the  penalty  shall  be  a  fine 
of  ten  dollars.     (Id.,  No.  30.) 

§  16.  No  person  shall  mix  or  temper  mortar,  or  cause  the 
same  to  be  done,  on  any  sidewalk  or  crosswalk  in  that 
section  of  The  City  of  New  York  formerly  known  as  the 
Village  of  Arverne-by-the-Sea,  under  a  penalty  of  ten  dollars 
|or  each  oSense,    (Id.,  No.  32.) 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  345 

Article  III. —  Advertisements  and  Public  Notices. 

§  17.  No  person  shall  paste,  nail  or  in  any  manner  place, 
or  cause  to  be  placed  any  advertisement,  placard,  poster  or 
sig-n,  written  or  painted  on  any  building-  or  other  property 
belonging  to  The  City  of  New  York,  or  on  any  fence  or 
building  belonging  to  any  individual,  company  or  corpora- 
tion, without  first  obtaining  the  consent  of  the  owner 
thereof,  under  a  penalty  of  five  dollars  for  each  offense. 
(Id.,  No.  33.) 

§  18.  Any  person  who  shall  tear  down,  deface  or  destroy 
any  notice,  handbill  or  poster  put  up  or  posted  by  or  under 
the  direction  of  the  Board  of  Aldermen,  or  by  or  under  the 
direction  of  any  authorized  body  or  official  shall  be  liable 
to  a  penalty  of  ten  dollars  for  each  such  offense.  (Id., 
No.  34.) 

Article  lY. —  Street  Musicians. 

§  19.  It  shall  be  unlawful  for  any  person  to  play  a  hand 
organ  or  other  musical  instrument  in  any  of  this  streets  or 
public  places  in  that  section  of  The  City  of  New  York 
formerly  known  as  the  Village  of  Arverne-by-the-Sea,  with- 
out having  first  obtained  a  license  therefor  from  the  Mayor, 
and  paid  for  such  license,  for  the  use  of  The  City  of  New 
York,  not  less  than  ten  dollars,  nor  more  than  fifty  dollars, 
at  the  discretion  of  the  Mayor  granting  the  license.  Every 
such  license  shall  provide  that  the  player  shall,  at  the  re- 
quest of  any  householder,  move  away  to  a  distance  of  500 
feet  from  said  householder's  residence,  shall  restrict  claim 
to  week  days,  between  nine  A.  M.  and  seven  P.  M.,  shall 
expire  on  the  first  day  of  May  next  succeeding  the  date  of 
issue,  and  shall  not  be  transferred  without  the  consent  of 
the  Mayor.  This  ordinance  shall  not  apply  to  parades  of 
military  or  political  organizations.  Any  person  violating 
this  ordinance  or  the  conditions  of  the  license  granted  to 
him  thereunder  shall  be  liable  to  a  fine  of  not  less  than  five 
dollars  nor  more  than  twenty  dollars  for  each  offence. 
(Id.,  No.  35,  sec.  2.) 

Chapter  3. —  Auctioneers. 
Article  I. —  Licenses. 
§  20.  No  goods,  wares  or  merchandise  or  other  property, 
real  or  personal,  shall  be  sold  at  auction  in  that  section  of 
The  City  of  New  York  formerly  known  as  the  Village  of 
Arverne-by-the-Sea  by  an  auctioneer,  his  agent  or  servant 
or  by  any  other  person,  without  a  written  permit  from  the 
City  Clerk  of  The  City  of  New  Y'ork,  nor  in  front  of  any 
house,  store  or  tenement  without  the  consent  of  the  owner 
or  occupant  thereof.  For  each  permit  for  such  auction  or 
sale  there  shall  be  paid  to  the  City  Clerk  of  The  City  of 
New  York  the  sum  of  three  dollars  for  each  day  or  part  of 
a  day  that  such  auction  or  sale  shall  be  h^eld  or  qontinue^. 


346  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

Every  person  violating  any  of  the  provisions  of  this  section 
shall  be  liable  to  a  fine  of  not  less  than  five  dollars  nor 
more  than  ten  dollars  for  each  offense.     (Id.,  No.  39.) 

Chapter  4. —  Fines  and  Penalties. 
Article  I. —  Yiolation  of  Ordinances,  Etc. 

§  21.  In  case  any  by-laws,  resolution  or  ordinances  of 
that  section  of  The  City  of  New  York  formerly  known  as 
the  Village  of  Arverne-by-the-Sea  be  violated  or  disobeyed, 
and  there  shall  be  no  provisions  incorporated  therein  for  a 
penalty  for  such  violation  or  disobedience,  the  person  so 
violating  or  disobeying  said  by-law,  resolutions  or  ordi- 
nance shall  forfeit  and  pay  not  less  than  five  dollars  nor 
more  than  fifty  dollars,  in  the  discretion  of  the  magistrate 
before  whom  such  person  shall  be  convicted  of  such  viola- 
tion.    (Id.,  No.  54.) 

§  22.  All  fines,  penalties  or  forfeitures  for  violations  of 
these  ordinances  may  be  prosecuted  for  and  collected  in  the 
manner  prescribed  by  law,  together  with  the  costs  of 
proceedings. 

All  moneys  for  fines,  licenses  or  damages  which  shall  be 
collected  under  any  by-laws,  ordinances,  rules  or  regula- 
tions of  that  section  of  The  City  of  New  York  formerly 
known  as  the  Village  of  Arverne-by-the-Sea  shall  be  paid 
to  the  Comptroller  of  the  City  of  New  York  within  five 
days  after  the  same  shall  be  collected  or  received  by  anj-^ 
officer  or  person  who  shall  have  collected  or  received  the 
same,  for  the  use  of  the  said  City  of  New  York.    (Id.,  No.  39.) 

Chapter  5. —  Abandoned  Poles  in  Streets, 
Article  I. —  Removal  of  Poles. 

§  23.  All  telegraph,  telephone  and  electric  light  poles, 
wires  or  conductors  which  at  the  time  of  the  passage  of 
this  ordinance  shall  have  been  standing  for  three  months 
prior  thereto  disused  or  abandoned,  or  which  shall  hereafter 
remain  or  stand  disused  or  become  disused  or  abandoned  in, 
over  or  upon  any  of  the  streets,  avenues,  sidewalks,  public 
grounds  or  public  places  of  that  section  of  The  City  of 
New  York  formerly  known  as  the  Village  of  Arverne-by-the- 
Sea  shall  be  forthwith  removed.     (Ord.  July  27,  1897,  sec.  2.) 

§  24.  It  shall  be  the  duty  of  the  corporation,  association, 
person  or  persons  owning,  operating,  managing  or  con- 
trolling any  disused  or  abandoned  poles,  wires  or  con- 
ductors, or  any  poles,  wires  or  conductors  which  are  dan- 
gerous or  unsafe,  forthwith  to  take  down  and  remove  the 
same;  and  a  failure  to  do  so  is  hereby  declared  a  violation 
of  this  ordinance  and  shall  constitute  disorderly  conduct, 
and  the  corporation,  association,  person  or  persons  so  vio- 
lating the  same  shall  be  disorderly  persons.     (Id.) 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  347 

§  25.  This  provision  is  made  a  police  regulation  in  and 
for  that  section  of  The  City  of  New  York  formerly  known 
as  the  Villag-e  of  Arverne-by-the-Sea,  and  in  case  the  owner, 
owners,  operators  or  persons  controlling  such  wires,  poles, 
conductors  or  devices  shall  not  cause  them  to  be  removed 
from  such  streets,  sidewalks  and  public  places  as  in  this 
ordinance  required,  it  shall  be  the  duty  of  the  President  of 
the  Borough  to  remove  or  cause  the  same  to  be  removed 
forthwith.     (Id.,  sec.  3.) 

Article  II. —  Permits  for  Laying  Conduits. 

§  26.  It  shall  be  unlawful  hereafter  for  any  corporation, 
association,  person  or  persons  to  take  up  the  pavements, 
streets  or  sidewalks  of  that  section  of  The  City  of  New  York 
formerly  known  as  the  Village  of  Arverne-by-the-Sea,  or  to 
excavate  in,  on  or  about  any  of  said  streets,  sidewalks  or 
public  places,  or  in  any  manner  to  interfere  therewith,  for 
the  purpose  of  laying  underground  any  electrical  conductors 
unless  a  permit  in  writing  therefor  shall  have  been  first 
obtained  from  the  President  of  the  Borough,  and  except 
with  such  permission,  no  electrical  conductors,  wires,  con- 
duits or  other  figures  or  devices  therefor  shall  be  continued, 
constructed,  erected  or  maintained  or  strung  underground 
in  any  part  of  that  section  of  The  City  of  New  York  formerly 
known  as  the  Village  of  Arverne-by-the-Sea.     (Id.,  sec.  4.) 

Article  III. —  Penalties  for  Failure  to  Remove  Poles. 

§  27.  For  every  violation  of  this  ordinance  the  corpora- 
tion, association  or  individuals  violating  the  same  shall  be 
liable  to  a  penalty  of  five  dollars  per  day  for  every  pole 
allowed  to  remain  within  that  section  of  The  City  of  New 
York  formerly  known  as  the  Village  of  Arverne-by-the-Sea, 
after  notice  to  remove  the  same  shall  have  been  given  by  the 
President  of  the  Borough.     (Id.,   sec.  5.) 

§  28.  In  addition  to  this  penalty,  it  is  ordained  that  any 
violation  of  this  ordinance  shall  constitute  disorderly  con- 
duct, and  the  corporaton,  association,  person  or  persons 
violating  the  same  shall  be  disorderly  persons.     (Id.,  sec.  6.) 

PAET  XL 

Ordinances  Relating  to  that  Section  of  the  City  of  New  York 
Formerly  Known  as  the  Tillage  of  Port  Richmond. 

Chapter  1. —  General  Regulations. 

Article  I. —  Bathing. 

Section  1.  No  person  shall  be  allowed  to  bathe  publicly 
in  a  state  of  nudity  or  partial  nudity  anywhere  within  that 
section  of  The  City  of  New  Y'ork  formerly  known  as  the 
Villag-e  of  Port  Richmond,  between  the  hours  of  five  o'clock 


ij4S  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

A.  M.  and  eight  o'clock  P.  M.,  under  the  penalty  of  two 
dollars  for  each  offense.  (By-law  Village  of  Port  Eichmond, 
passed  June  4,  1872,  with  verbal  changes.) 

Article  IT. —  Injuring  Street  Signs. 

§  2.  It  shall  not  be  lawful  for  any  person  to  injure, 
deface,  obliterate,  mar,  remove,  take  down,  loosen,  destroy 
or  in  any  other  manner  interfere  vs^ith  or  disturb  any  of 
the  signboards  containing  the  names  of  the  public  roads, 
avenues,  streets  or  places,  w^hether  such  signboards  are.  now 
or  may  hereafter  be  erected  or  put  up,  or  whether  they  may 
be  upon  public  or  private  property,  under  a  penalty  of  ten 
dollars  for  each  and  every  offense.     (Id.,  as  amend,  sec.  20.) 

Article  III. —  Filling  in  Streets,  Etc. 

§  3.  No  person,  without  being  previously  authorized  by 
a  permit  of  the  President  of  the  Borough,  shall  fill  in  or 
raise,  or  cause  to  be  filled  in  or  raised,  any  road,  avenue, 
street  or  other  public  place  in  that  section  of  New  York 
City  formerly  known  as  the  Village  of  Port  Eichmond,  or 
any  part  of  such  road,  avenue,  street  or  other  public  place, 
or  take  up,  remove,  or  carry  away,  or  cause  to  be  taken  up, 
removed  or  carried  away,  any  turf,  stone,  sand,  clay  or 
earth  from  any  such  road,  avenue,  street  or  public  place, 
under  the  penalty  of  ten  dollars  for  every  such  offense;  and 
every  person  so  offending  shall  be  further  liable  for  all  ex- 
penses and  damages  which  The  City  of  New  York  may  incur 
in  restoring  such  road,  avenue,  street  or  other  public  place 
to  its  original  condition,  to  be  recovered  with  cost  of  suit. 
(By-law,  June  4,  1872,  amend  1878  and  1885,  sec.  6.) 

Article  IV. —  Dedication  of  Streets. 
§  4.  No  avenue  or  street  in  that  section  of  New  York 
City  formerly  known  as  the  Village  of  Port  Eichmond,  the 
width  whereof  is  less  than  fifty  feet,  shall  hereafter  be 
accepted  as  a  public  street  or  highway;  nor  shall  the 
same  be  accepted  unless  the  carriageway  and  sidewalks  shall 
have  respectively  been  properly  graded  and  regulated  and 
shall  severally  be  in  good  order  and  condition  for  convenient 
use,  vdth  sufficient  gutters  for  the  drainage  of  the  same, 
and  of  the  waters  from  adjoining  lands.     (Id.,  sec.  8.) 

Article  Y. —  Drains. 

§  5.  All  drains  leading  across  any  sidewalk  shall  be  con- 
structed of  hard  brick  and  stone,  and  covered  with  flat 
stones  of  even  surface,  with  straight  edges  laid  close. 
Ordinary  gutters  across  sidewalks  shall  be  formed  of  oblong 
strips  of  fiat  stones  of  even  surface,  with  straight  edges, 
respectively  not  less  than  two  feet  in  length,  laid  beveling 
to  the  centre  of  such  gutter,  or  of  such  materials  and  in 
such  manner,  as  the  President  of  the  Borough  shall  approve 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  349 

of  and  authorize.     (Bj-law,  June  4,  1872,  as  amend,  see.  9, 
with  verbal  changes  in  the  following  sections.) 

Article  VI. —  Sidewalks. 

§  6.  No  sidewalk  in  that  section  of  The  City  of  New  York 
formerly  known  as  the  Village  of  Port  Kichmond,  laid 
wholly  or  in  part  with  flagging,  shall  hereafter  be  taken  up, 
or  the  flagging  removed  therefrom,  or  the  grade  thereof 
altered  for  any  purpose  whatever  except  previously  author- 
ized by  the  President  of  the  Borough,  under  penalty  for 
each  offense  of  ten  dollars,  to  be  forfeited  and  paid  for  each 
and  every  person  offending  in  the  premises,  and,  when  so 
taken  up,  or  when  an^'^  sidewalk  shall  be  broken,  dug  up,  or 
in  any  wise  injured  by,  or  by  the  direction  of  any  person, 
the  same  shall  be  well  and  sufficiently  repaired  and  rein- 
stated by  such  person  withih  such  time  ap  shall  be  speci- 
fied for  that  purpose,  in  any  written  or  printed  notice  from 
the  President  of  the  Borough,  served  upon  such  persons  or 
upon  the  occupant  of  the  premises  adjoining  such  sidewalk, 
under  the  penalty  of  ten  dollars,  and  a  further  penalty  of 
two  dollars  for  each  and  every  day  after  the  expiration  of 
time  so  specifijed  in  such  notice,  such  person  shall  omit  or 
neglect  to  repair  and  reinstate  the  same.  (Id.,  sec.  10,  as 
amend,  by  ord.  app.  Nov.  23,  1906.) 

Article  VII. —  Obstructing  the  Streets. 

§  7.  It  shall  not  be  lawful  to  encroach  upon  or  encumber 
any  public  road,  avenue,  street  or  public  place  in  that  por- 
tion of  The  City  of  New  York  formerly  known  as  the  Village 
of  Port  Richmond,  by  any  building  or  by  any  fence,  porch, 
piazza,  stoop,  step,  staircase,  platform,  bow  window,  area, 
cellar  door,  or  descent  into  any  basement  or  cellar  or  by  the 
projection  of  any  sign  over  or  upon  any  sidewalk  or  other- 
wise; and  if  any  person  shall  hereafter  encroach  upon  or 
encumber  any  public  road,  avenue,  street  or  other  public 
place  in  that  section  of  The  City  of  New  York  formerly 
known  as  the  Village  of  Port  Eichmond,  or  continue  any 
such  existing  encroachment,  encumbrance  or  projection,  in 
violation  of  the  provision  of  this  ordinance.  (Id.,  sec.  14, 
in  part.) 

§  8.  The  President  of  the  Borough  may  give  a  written  or 
printed  notice  to  the  owner  of  the  premises,  by  service  upon 
such  owner,  or  upon  the  occupant  of  the  premises,  requiring 
such  owner  to  remove  or  alter  such  encroachment,  encum- 
brance or  projection  within  a  period  to  be  specified  in  such 
notice,  and  in  case  of  neglect  of  refusal  to  comply  with  such 
notice,  the  owner  of  snch  premises  shall  forfeit  and  pay  the 
sum  of  ten  dollars,  and  also  the  further  sum  of  two  dollars 
for  each  and  every  day  he  or  she  shall  neglect  or  omit  to 
remove  or  alter  any  such  encroachment,  encumbrance  or 
projection,  after  the  expiration  of  the  time  specified  in  such 


350  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YOKK. 

notice,  until  the  same  shall  be  done,  and  at  any  timj&  after 
the  expiration  of  the  time  specified  for  that  purpose  in  such 
notice,  if  such  encroachment,  encumbrance  or  projection 
shall  not  then  have  been  removed  or  altered,  the  President 
of  the  Boroug-h  may,  by  notice  or  order,  direct,  and  cause 
such  encroachment,  encumbrance  or  projection  to  be  re- 
moved or  altered  at  the  expense  of  the  owner  or  constructor 
thereof,  who  shall  be  liable  to  The  City  of  New  York  for  all 
expenses  which  it  may  incur  by  such  removal  or  alteration, 
together  with  aforesaid  penalties,  to  be  recovered  with  costs 
of  suit.     (Id.,  sec.  14,  in  part.) 

Article  YIII.— Awnings. 

§  9.  It  shall  be  lawful  for  any  person  to  place  and  fix 
awnings  made  of  cloth  before  his  or  her  store,  shop  or 
place  of  business,  and  to  cause  such  awnings  to  be  sup- 
ported by  posts  and  a  rail  thereon,  provided  such  posts 
and  rails  thereon  be  made  and  placed  in  the  manner  herein- 
after mentioned,  that  is  to  say:  Such  posts  shall  not  be 
less  than  five  inches  in  diameter  at  the  base,  nor  less  than 
four  inches  in  diameter  at  the  top,  shall  be  placed  next  to 
and  along  the  inside  of  the  curbstone,  if  the  sidewalk  be 
curbed,  otherwise  within  six  inches  of  the  outer  edge  of 
the  sidewalk,  and  shall  be  seven  feet  in  height  above  the 
sidewalk,  including  the  rail  on  the  top,  and  such  posts  or 
rails  shall  be  turned  or  planed  smooth  and  well  painted; 
and  it  shall  not  be  lawrful  to  erect  or  maintain  any  wooden 
awnings  or  shed  projecting  in  part  or  wholly  over  any 
sidewalk,  road,  avenue,  street  or  public  place  in  that  section 
of  The  City  of  New  York  formerly  known  as  the  Village  of 
Port  Richmond,  vdthout  first  having  obtained  the  permis- 
sion of  the  President  of  the  Borough  so  to  do,  under  the 
penalty  of  ten  dollars  for  each  offense,  and  a  further  pen- 
alty of  two  dollars  for  each  and  every  day  the  same  shall 
be  permitted  to  remain,  to  be  recovered  of  the  owner  or 
occupant  of  the  premises,  from  which  such  wooden  awning 
or  shed  shall  project.     (Id.,  sec.  15,  in  part.) 

Article  IX. —  Gas  Mains. 

§  10.  It  shall  not  be  lawful  for  any  gas  company,  or  for 
any  person  to  lay  any  gas  main  or  other  pipe  in  any  road, 
avenue,  street  or  public  place  in  that  section  of  The  City 
of  New  York,  formerly  known  as  the  Village  of  Port 
Richmond,  or  to  break  up  or  disturb  the  ground  for  such 
or  any  purpose,  unless  previously  authorized  by  a  permit  of 
the  President  of  the  Borough,  or  otherw^ise  than  in  con- 
formity with  the  conditions  prescribed,  and  subject  to  any 
restrictions  expressed  or  imposed  in  and  by  any  such  per- 
mit, under  the  penalty  of  thirty  dollars  for  each  offense, 
and  the  further  penalty  of  ten  dollars  for  each  and  every 
day  any  company  or  person  shall  neglect  or  omit  to  com- 


CODE  OF   ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  351 

ply  in  all  respects  with  the  requirement  of  any  permit  of 
the  President  of  the  Borough,  forbidding  the  prosecution  of 
such  work,  requiring  the  removal  from  such  road,  avenue, 
street,  or  public  place,  of  any  main  pipe  or  other  encum- 
brance or  caused  to  be  placed  thereon  by  such  company  or 
person,  the  filling  up  of  any  trench  dug  for  the  purpose  of 
laying  any  main  or  pipes,  and  the. restoring  of  the  ground, 
and  pavement,  if  any,  of  such  road,  avenue,  street  or  public 
place,  to  the  like  order  and  condition  the  same  was  in 
immediately  prior  to  the  causing  the  same  to  be  disturbed, 
and  in  case  of  the  refusal  or  neglect  to  comply  with  all 
the  requirements  of  any  such  last  mentioned  permit  within 
the  time  specified  after  the  service  of  a  copy  or  of  a  notice 
thereof  by  the  President  of  the  Borough  upon  the  presi- 
dent or  secretary  of  the  company,  or  upon  any  person 
doing  such  work,  the  President  of  the  Borough  may  at  any 
time  thereafter,  cause  all  or  any  part  of  such  work  to  be 
done  at  the  expense  of  said  company,  or  person,  who  shall 
be  liable  to  The  City  of  New  York  for  all  expenses  which  it 
may  incur  in  that  behalf,  together  with  such  aforesaid 
penalties  to  be  recovered  with  costs  of  suit.  (Id.,  sec.  17, 
as  amend,  by  ord.  app.  Nov.  23,  1900.) 

§  11.  It  shall  be  obligatory  upon  such  company  or  per- 
son when  lajang  any  main,  or  service  or  other  pipe,  or 
establishing  any  lamp-post,  in  any  road,  avenue,  street  or 
public  place  'n  that  section  of  The  City  of  New  York 
formerly  known  as  the  Village  of  Port  Richmond  to  per- 
form all  such  work  carefully,  workmanlike  and  substan- 
tially disturbing  the  ground,  and  the  pavement,  curb,  gut- 
ter and  flagging,  if  any,  no  further  than  may  be  actually 
necessary  for  the  careful  performance  of  any  such  work; 
to  guard,  as  far  as  practicable,  against  the  future  settling 
of  the  ground,  pavement,  curb,  gutter  or  flagging  above 
any  such  main,  service  or  other  pipe,  or  around  such 
lamp-post,  or  resulting  from  the  digging  of  the  trench 
thereof,  by  filling  in  around  and  above  such  main  or  service 
pipe,  and  around  such  lamp-post,  the  earth  dug  from  any 
such  trench,  compactly  and  firmly;  to  repair  all  damage 
which  may  be  caused  to  any  such  road,  avenue,  street,  or 
public  place,  or  to  any  pavement,  curb,  gutter,  or  flagging 
by  the  laying  of  such  main  or  service  pipe,  or  the  estab- 
lishing such  lamp-post,  and  to  restore  the  same  respect- 
ively to  as  good  order  and  condition  as  the  same  were  in 
immediately  prior  to  their  commencing  any  such  w^ork; 
to  cause  all  such  work  to  be  performed  with  all  reasonable 
despatch  and  in  such  manner  as  not  unnecessarily  to 
incommode  the  neighborhood  or  the  public,  and  to 
promptly  conform  to  all  such  directions  as  the  Borough 
President  may  from  time  to  time  give  in  that  behalf; 
under  the  penalty  of  ten  dollars  for  every  omission, 
neglect,  refusal  or  delay;  and  in  case  of  any  such  omission, 
neglect,  refusal  or  delay,  it  shall  be  lawful  for  the  Borough 


352  CODE  OF   ORDINANCES  OF  THE   CITY  OF   NEW  YORK. 

President  to  cause  any  such  work  to  be  done  at  the  expense 
of  said  company,  which  shall  be  liable  to  The  City  of  New 
York  for  all  expenses  which  it  may  thereby  incur,  as  well 
as  such  aforesaid  penalties  specified  in  this  section  to  be 
recovered  with  costs  of  suit.  (Id.,  sec.  18,  as  amend,  by 
ord.  app.  Nov.  23,  1906.) 

§  12.  If  any  person  or  persons  shall  wilfully  and  mali- 
ciously Injure,  damage  or  disturb  any  main,  service  or 
other  pipe  heretofore  or  which  may  hereafter  be  laid  by 
any  gas  company  or  persons  in  that  portion  of  The  City  of 
New  York  formerly  known  as  the  Village  of  Port  Eich- 
mond  for  the  purpose  of  supplying  the  same,  or  the  inhab- 
itants thereof,  or  any  part  or  portion  thereof  with  gas, 
water  or  drainage,  such  person  or  persons  shall  severally 
forfeit  and  pay  to  The  City  of  New  York  the  sum  of  thirty 
dollars  for  every  such  offense,  to  be  reocvered  with  costs 
of  suit  and  the  imposing,  recovery  or  payment  of  such  pen- 
alty or  penalties  shall  not  in  any  wise  impair  or  interfere 
with  any  claim  of  such  company  or  person  against  any 
person  or  persons  guilty  of  any  such  act,  for  any  damage 
which  said  company  or  person  may  sustain  therefrom. 
(Id.,  sec.  19,  as  amend,  by  ord.  app.  Nov.  23,  1906.) 

§  13.  No  person  or  persons  shall  affix  any  such  thing  to 
any  private  buildings  and  fences  or  blank  walls  within  that 
section  of  The  City  of  New  York  formerly  known  as  the 
Village  of  Port  Richmond,  unless  with  the  permission  of 
the  owner  of  such  private  buildings  and  fences,  under  the 
penalty  of  two  dollars  for  each  and  every  offense.  (Id., 
sec.  21,  as  amend,  by  ord.  app.  Nov.  23,  1906.) 

PART  XII. 

Ordinances  Relating  to  that  Section  of  the  City  of  New  York 
Formerly  Enoton  as  the  Yillage  of  Neio  Brighton. 

Chapter  1. —  Streets  and  Highways. 

Article  I. —  Encumbrances,  Excavations  and  Laying  of  Pipes. 

Section  1.  No  person  shall  place  or  cause  to  be  placed 
any  stone,  timber,  lumber,  plank,  boards  or  other  materials 
for  building,  in  or  upon  any  street,  lane  or  public  square, 
without  a  written  permission  for  that  purpose,  first 
obtained  from  the  President  of  the  Borough,  under  penalty 
of  five  dollars  for  each  offense,  and  the  further  penalty 
of  five  dollars  for  each  and  every  forty-eight  hours  during 
which  the  articles  or  materials  aforesaid  shall  be  or 
remain  in  any  such  street,  alley  or  public  square.  (Ord. 
Village  of  New  Brighton,  adopted  June  18,  1875,  art.  IV, 
sec.  1,  with  verbal  changes  throughout  sections  in  this 
Part.) 

§  2.  The  President  of  the  Borough  is  authorized  to 
grant     any     person     permission     to     place     any     building 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.    353 

materials  in  any  of  the  streets,  alleys  and  public  squares 
of  that  section  of  The  City  of  New  York  formerly  known 
as  the  Village  of  New  Brighton;  such  permission,  however, 
shall  not  be  for  a  longer  period  than  one  month,  nor 
authorize  the  obstruction  of  any  part  of  the  sidewalk,  nor 
more  than  one-third  of  the  carriageway  of  the  street  oppo- 
site the  lot  or  place  where  the  building  is  proposed  to  be 
erected.  For  every  permit  so  granted  the  applicant  shall 
pay  such  fee  as  the  Borough  President  shall  require.  (Id., 
sec.  2.) 

§  3.  Every  person  to  whom  permission  is  granted  as 
aforesaid  shall  cause  all  the  timber,  building  materials 
and  rubbish  to  be  removed  after  a  notice  in  writing  to  do 
so  shall  be  served  upon  them  by  the  President  of  the 
Borough,  and  for  neglect  or  refusal  so  to  remove,  shall  be 
liable  to  a  penalty  of  ten  dollars  for  every  twenty-four 
hours  such  encroachment  shall  continue  after  the  expira- 
tion of  said  notice.     (Id.,  sec.  3.) 

§  4.  No  person  shall,  without  the  permission  of  thiB 
President  of  the  Borough,  dig,  remove  or  carry  away  or 
cause  the  same  to  be  done,  any  stone,  earth,  sand  or 
gravel  from  any  public  street,  highway,  lane  or  public 
square  in  that  section  of  The  City  of  New  York  formerly 
known  as  the  Village  of  New  Brighton,  under  the  pen- 
alty of  not  less  than  five  dollars  or  more  than  fifty 
dollars  for  each  offense,  in  the  discretion  of  the  magis- 
trate convicting.  And  it  shall  be  unlawful  for  any  per- 
son to  drop  or  deposit  any  stone,  gravel,  sand  or  other 
material  on  any  of  the  streets  of  that  section  of  The  City 
of  New  York  formerly  known  as  the  Village  of  New 
Brighton,  under  a  like  penalty.     (Id.,  sec.  7.) 

§  5.  No  person  shall  place  or  cause  to  be  placed,  or  it 
shall  not  be  lawful  for  the  owner  or  occupant  of  any  estate 
within  that  section  of  The  City  of  New  York  formerly 
known  as  the  Village  of  New  Brighton,  or  for  any 
other  purpose  to  erect,  place  or  continue  or  cause 
to  be  erected,  placed  or  continued  upon  any  side- 
walk, road,  avenue  or  street  adjoining  such  estate  any 
encumbrance,  encroachment  or  obstruction  which  shall  in 
any  manner  impede,  obstruct  or  prevent  the  full,  clear  and 
free  passage  of  such  sidewalk,  road,  avenue  or  street,  but 
the  said  owner,  the  agent  or  occupant  of  such  estate  shall 
forthvdth  remove  any  such  encumbrance,  encroachment  or 
obstruction  on  being  notified  so  to  do  by  the  President  of 
the  Borough,  and  shall  be  liable  to  a  penalty  of  five  dollars 
for  each  and  every  day  that  such  encumbrance,  encroach- 
ment or  obstruction  shall  remain  after  notice  as  aforesaid. 
In  case  any  such  encumbrance,  encroachment  or  obstruc- 
tion shall  not  have  been  removed  within  a  reasonable  time 
after  notice  as  aforesaid,  it  shall  be  the  duty  of  the  Borough 
President  to  cause  the  same  to  be  removed  at  the  expense 
of  the  ovnier  or  occupant  of  the  estate  in  question.  Any 
23 


354  CODE  OF   ORDINANCES  OF  THE   CITY  OF   NEW  YORK. 

person  who  shall,  after  notice  and  removal  as  aforesaid,  re- 
place or  renew,  or  cause  to  be  replaced  or  renewed,  any 
such  or  similar  encumbrance,  encroachment  or  obstruction 
upon  any  sidewalk,  road,  avenue  or  street  within  the  limits 
of  that  section  of  The  City  of  New  York  formerly  known  as 
thje  Village  of  New  Brig-hton  shall  be  liable  to  a  fine  of  five 
dollars  for  each  and  every  such  offense.  No  rail  or  post 
placed  on  the  outer  edg-e  of  the  sidewalk  and  not  inter- 
fering- with  or  impeding  the  free  passage  of  thjB  whole 
width  of  such  sidewalk  or  any  crosswalk,  shall  be  held  to  be 
an   obstruction.     (Id.,    sec.   8.) 

§  6.  Any  person  who  shall  injure,  take  up  or  displace  any 
pavement,  side  or  cross  walk,  drain  or  sewer,  or  any  part 
thereof,  or  who  shall  dig  any  hole  or  ditch,  or  drain  in 
any  street,  pavements  or  sidewalks,  without  authority  from 
the  President  of  the  Borough,  or  who  shall  hinder  or 
obstruct  the  making  or  repairing  of  any  pavement,  side  or 
cross  walk,  which  is  or  may  be  making  under  the  authority 
of  the  Borough  President,  or  who  shall  hinder  or  obstruct 
any  person  employed  by  The  City  of  New  York  in  making 
or  repairing  any  public  improvement  or  work  ordered  by 
The  City  of  New  York,  shall,  for  every  offense,  forfeit  and 
pay  a  fine  of  not  less  than  five  dollars  nor  more  than  fifty 
dollars,  in  the  discretion  of  the  magistrate  convicting. 
(Id.,  sec.  10.) 

§  7.  It  shall  not  be  lawful  for  any  gas  company,  or  for 
any  person  to  lay  any  gas  main  or  other  pipe,  in  any  road, 
avenue,  street  or  public  place  in  that  section  of  The  City 
of  New  York  formerly  known  as  the  Village  of  New 
Brighton,  or  to  break  up  or  disturb  the  ground  for  such 
or  any  purpose,  unless  previously  authorized  by  the  Presi- 
dent of  the  Borough  or  otherwise  than  in  conformity  with 
the  conditions  prescribed,  and  subject  to  any  restrictions 
expressed  or  imposed  in  and  by  any  such  resolution,  under 
the  penalty  of  thirty  dollars  for  each  offense,  and  the  fur- 
ther penalty  of  ten  dollars  for  each  and  every  day  any 
company  or  person  shall  neglect  or  omit  to  comply  in  all 
respects  with  the  requirements  of  any  order  of  the  Borough 
President  forbidding  the  prosecution  of  such  work  requiring 
the  removal  from  such  road,  avenue,  street  or  public  place, 
of  any  main,  pipe  or  other  encumbrance  placed  or  caused 
to  be  placed  thereon  by  such  company  or  person,  the  filling 
up  of  any  trench  dug  for  the  purpose  of  laying  any  main 
or  pipes,  and  the  restoring  of  the  ground  and  pavement  of 
any  such  road,  avenue,  street  or  public  place  to  the  like 
order  and  condition  the  same  was  in  immediately  prior  to 
the  causing  the  same  to  be  disturbed,  and  in  case  of  the 
refusal  or  neglect  to  comply  vnth.  all  the  requirements  of 
any  such  last  mentioned  resolution,  within  the  time  speci- 
fied after  the  service  of  a  copy  or  of  a  notice  upon  the  presi- 
dent or  secretary  of  the  company,  or  upon  any  person  doing 
such  work,    the  President  of  the  Borough  may,  at  any  time 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  355 

thereafter,  cause  all  or  any  part  of  such  work  to  be  done 
at  the  expense  of  said  company  or  persons,  who  shall  be 
liable  therefor  to  The  City  of  New  York  for  all  expenses 
which  they,  the  trustees,  may  incur  iu  said  company's 
behalf,  tog-ether  with  such  aforesaid  penalties,  to  be  re- 
covered with  costs  of  suit.     (Id.,  sec.  18.) 

§  8.  It  shall  be  obligatory  upon  such  company  or  person 
wh£n  laying  any  main  or  service,  or  other  pipe,  or  establish- 
ing any  lamp-post  in  any  road,  avenue,  street  or  public 
place  in  that  section  of  The  City  of  New  York  formerly 
known  as  the  Village  of  New  Brighton,  to  perform  all  such 
wK)rk  carefully,  workmanlike  and  substantially  disturbing 
the  ground  and  the  pavement,  curb,  gutter  and  flagging,  if 
any,  no  further  than  may  be  actually  necessary  for  the 
careful  performance  of  any  such  work;  to  guard,  as  far  as 
practicable,  against  the  future  settling  of  the  ground,  pave- 
ment, curb,  gutter  or  flagging  above  any  such  main,  service 
or  other  pipe,  or  around  such  lamp-post,  or  resulting  from 
the  digging  of  the  trench  thereof,  by  filling  in,  around  and 
above  such  main  or  service  pipe,  and  around  such  lamp- 
post, the  earth  dug  from  any  such  trench,  compactly  and 
firmly,  to  repair  all  damage  which  may  be  caused  to  any 
such  road,  avenue,  street  or  public  place,  or  to  any  pave- 
ment, curb,  gutter  or  flagging,  by  the  laying  of  such  main 
or  service  pipe  or  the  establishing  such  lamp-post,  and  to 
restore  the  same  respectively  to  as  good  order  and  condition 
as  the  same  were  in  immediately  prior  to  their  commencing 
any  such  work;  to  cause  all  such  work  to  be  performed 
with  all  reasonable  despatch,  and  in  such  manner  as  not 
unnecessarily  to  incommode  the  neighborhood  or  the  public, 
and  to  promptly  conform  to  all  such  directions  as  the 
President  of  the  Borough  may  from  time  to  time  give  in 
their  behalf,  under  the  penalty  of  ten  dollars  for  every 
omission,  neglect,  refusal  or  delay;  and  in  a  case  of  any 
such  omission,  neglect,  refusal  or  delay,  it  shall  be  lawful 
for  the  President  of  the  Borough  to  cause  any  such  work 
to  be  done  at  the  expense  of  said  company  or  persons  liable 
therefor  to  The  City  of  New  York  for  all  expenses  which 
they  may^  thereby  incur,  as  well  as  such  aforesaid  penalties 
specified  in  this  section,  to  be  recovered  with  costs  of  suit 
against  such  company.    (Id.,  sec.  19.) 

§9.  If  any  person  or  persons  shall  wilfully  and  mali- 
ciously injure,  damage,  or  disturb  any  main,  service  or 
other  pipe,  heretofore  or  which  may  hereafter  be  laid  by 
any  gas  company  or  persons  in  that  section  of  The  City 
of  New  York  formerly  known  as  the  Village  of  New  Brigh- 
ton, for  the  purpose  of  supplying  the  same,  or  the  inhab- 
itants thereof,  or  any  part  or  portion  thereof  with  gas, 
water  or  drainage,  such  person  or  persons  shall  severally 
forfeit  and  pay  to  The  City  of  New  York  the  sum  of  thirty 
dollars  for  every  such  offense,  to  be  recovered  with  costs 
of   suit,   and   the  imposing,   recovery   or   payment    of   such 


356  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

penalty  or  i>enalties  shall  not,  in  any  wise,  impair  or  inter- 
fere with  any  claim  of  such  company  or  person,  against 
any  person  or  persons  guilty  of  any  such  act,  for  any 
damages  which  said  company  or  person  may  sustain  there- 
from.    (Id.,  sec.  20.) 

§  10.  Any  person  who  shall  place  or  cause  to  be  placed 
in  any  of  the  streets,  alleys  or  public  squares  of  that 
section  of  The  City  of  New  York  formerly  known  as  the 
Village  of  New  Brighton,  any  building  materials,  or  any 
heap  or  pile  of  earth,  stone  or  sand,  or  any  other  obstruc- 
tion whatever,  or  who  shall  make,  or  cause  to  be  made, 
any  excavation  in  any  said  street,  alley  or  square,  shall, 
during  every  night  that  the  same  shall  continue,  cause 
such  excavation  to  be  surrounded  by  a  good  and  sufficient 
barrier,  and  a  sufficient  light  or  lights  to  be  maintained 
near  such  obstruction  or  excavation,  for  the  protection  of 
travelers  and  passengers  from  damage  or  injury  by  the 
reason  of  such  obstruction  or  excavation,  under  a  penalty 
of  twenty-five  dollars  for  each  ofEense,  and  the  like  penalty 
for  every  night  during  which  the  same  shall  be  continued. 
(Id.,  sec.  24.) 

Chapter  2. —  Public  Safety  and  Order. 

Article  I. —  Nuisances. 

§  11.  Any  person  or  persons  who  shall  make,  aid,  coun- 
tenance or  assist  in  making  any  improper  noise,  riot  oi* 
disturbance  in  the  streets  or  elsewhere  in  that  section  of 
The  City  of  New  York  formerly  known  as  the  Village  of 
New  Brighton,  and  all  persons  who  shall  collect  in  bodies 
and  crowds  in  that  section  of  The  City  of  New  York  form- 
erly known  as  the  Village  of  New  Brighton,  for  unlawful 
or  idle  purposes,  to  the  annoyance  or  disturbance  of  the 
citizens  or  travelers,  shall,  for  each  offense,  forfeit  and  pay 
a  fine  of  not  less  than  one  dollar,  nor  exceeding  fifty  dol- 
lars, in  the  discretion  of  the  magistrate  convicting.  (Id., 
art  v.,  sec.  1.) 

§  12.  No  person  shall  wilfully  tear  down  or  deface  any 
notice,  handbill  or  ordinance  posted  up  in  the  former  vil- 
lage of  New  Brighton,  under  a  penalty  of  ten  dollars. 
(Id.,  sec.  16.) 

§  13.  Bathing  in  any  of  the  waters  within  the  limits  of 
that  section  of  The  City  of  New  York  formerly  known  as 
the  Village  of  New  Brighton,  or  adjacent  thereto,  between 
the  hours  of  seven  o'clock  in  the  morning  and  eight  o'clock 
in  the  evening,  unless  in  a  suitable  bathing  dress  or  cover- 
ing, consisting  of  a  shirt  and  drawers,  is  hereby  prohibited, 
and  any  person  violating  this  ordinance  shall  pay  not  less 
than  two  dollars  nor  more  than  five  dollars  for  every  such 
offense.     (Id.,  sec.  19.) 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  357 

PAKT  XIII. 

Ordinances  Relating  to  that  Section  of  the  City  of  New  York 
Formerly  Knoton  as  the  Tillage  of  Edgewater. 

Chapter  1. —  Railroads. 

Article  I. —  Blocking  Street  Crossings  and  Warning  Signals. 

Section  1.  No  railroad  company  or  incorporation  whose 
track  passes  through  or  within  the  limits  of  that  section 
of  The  City  of  New  York  formerly  known  as  the  Village 
of  Edgewater,  either  by  themselves,  their  agent  or  agents, 
person  or  persons  in  the  employ  of  said  company,  shall 
suffer  or  permit  any  train  of  cars  to  stop  on  or  across  any 
street,  lane  or  highway  in  that  section  of  The  City  of  New 
York  formerly  known  as  the  Village  of  Edgewater,  or  suf- 
fer or  permit  any  detached  car  or  cars  to  stand  on  or 
across  any  such  street,  lane  or  highway,  under  the  penalty 
of  twenty-five  dollars  for  each  offense.  (Ord.  Village  of 
Edgewater,  passed  July  23,  1874,  sec.  11,  as  amend,  by  ord. 
app.  Nov.  23,  1906. 

§  2.  Every  railroad  company  or  corporation  whose  track 
passes  through  or  within  the  limits  of  that  section  of  The 
City  of  New  York  formerly  known  as  the  Village  of  Edge- 
water,  shall  employ  a  person  or  persons  to  give  notice  of 
the  approach  of  any  cars  or  locomotive  engines,  by  ringing 
a  bell  at  said  crossing  and  closing  a  swinging  bar  across 
said  street  where  said  track  crosses,  and  also  by  erecting 
a  sign  over  said  crossing,  notifying  persons  of  the  danger 
of  crossing  the  track,  under  a  penalty  of  twenty  dollars 
for  each  day  such  precautions  are  omitted.     (Id.,  sec.  12.) 

PART  XIV. 

Ordinances  Affecting  Generally  the  Borough  of  Richmond. 

Chapter  1. —  Streets  and  Highways. 

Article  I. —  Openings  of  Streets  and  Sewers. 

Section  1.  No  person  or  corporation  shall  open  or  exca- 
vate any  highway  or  place  any  encumbrances  thereupon, 
or  open  any  public  sewer  or  private  sewer  leading  into  a 
public  sewer  or  any  private  sewer  in  a  public  street,  or 
cause  any  of  the  above  acts  to  be  performed  in  the 
Borough  of  Richmond  without  a  permit  issued  by  the 
President  of  the  Borough  or  his  duly  authorized  representa- 
tive.    (Ord.  app.  July  27,  1903,  sec.  1.) 

§  2.  Application  for  Permit. —  Applications  for  such  per- 
mit must  be  niade  in  writing  to  the  President  of  the 
Borough,  upon  blank  forms  to  be  furnished  by  him,  such 
form  of  application  to  contain  a  diagram  of  the  location 
affected,  with  the  dimensions  of  street  surface  to  be  dis- 
turbed.    (Id.,  sec.  2.) 


358  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

§  3.  Time. —  Work  must  be  begun  within  twenty-four 
(24)  hours  from  the  time  of  issuance  of  the  permit,  and 
be  prosecuted  without  unnecessary  delay  to  completion. 
(Id.,  sec.  3.) 

§  4.  Kefilling-  Trenches. —  Excavations  in  public  streets 
shall  be  refilled  by  the  party  by  whom  such  excavation  was 
made,  but  only  under  the  supervision  and  at  all  times  in 
the  presence  of  a  City  Inspector  especially  assigned  to  the 
work  by  the  Superintendent  of  Highways,  whose  duty 
shall  be  to  see  that  each  and  every  part  of  the  filling  shall 
be  placed  and  thoroughly  rammed  in  layers  of  not  more 
than  eight  (8)  inches  in  depth  up  to  the  level  of  the  bot- 
tom of  the  street  pavement.  The  street  pavement  shall  be 
loosely  and  temporarily  replaced  by  the  party  by  whom 
the  excavation  had  been  made,  but  in  such  manner  as  in 
the  opinion  of  the  City  Inspector  shall  be  safe  for  travel. 
(Id.,  sec.  4.) 

§  5.  Guarding. —  Any  trench  or  opening  or  encumbrance 
upon  the  highway  shall  at  all  times  be  properly  guarded 
for  the  prevention  of  accidents,  and  be  properly  lighted  at 
night.     (Id.,  sec.  5.) 

§  6.  Rock  Refills. —  Wherever  rock  is  excavated  not  more 
than  one-third  of  the  total  excavation  shall  be  refilled  with 
the  broken  stone,  which  must  be  in  small  pieces,  and 
replaced  in  such  manner,  mingled  with  clean  earth  or  sand, 
as  to  insure  the  thorough  and  compact  filling  of  all  spaces. 
(Id.,  sec.  6.) 

§  7.  Tunnelling. —  Tunnelling  under  crosswalks  and 
railroad  tracks  will  not  be  allowed  at  any  time.  The 
bridge  stones  forming  such  crosswalks  must  be  removed 
and  placed  out  of  the  way  of  street  traffic,  being  carefully 
relaid  and  thoroughly  bedded  when  the  work  is  completed. 
(Id.,  sec.  7.) 

§  8.  Extent  of  Street  Opening. —  At  the  intersection  of 
cross  streets  not  more  than  one-half  of  the  width  of  the 
street  shall  be  opened  at  one  time;  the  other  half  shall 
remain  untouched  for  the  accommodation  of  traffic  until 
the  first  half  is  restored  for  safe  use.     (Id.,  sec.  8.) 

§  9.  Access  to  Hydrants  and  Mail  Boxes. —  All  work 
shall  be  so  prosecuted  as  not  to  interfere  with  easy  access 
to  fire  hydrants  and  United  States  mail  boxes.     (Id.,  sec.  9.) 

§  10.  Pavement  Restored  by  City. —  The  full  restoration 
of  the  pavement  shall  in  all  cases  be  made  by  employees  of 
the  Bureau  of  Highways  or  persons  having  contracts  with 
the  city,  affecting  said  pavement,  which  make  it  their  duty 
to  restore  the  same.     (Id.,  sec.  10.) 

§  11.     Inspection  Fees  for  Back  Filling  of  Trenches. —  The 
fee   for    the    inspection    of   the    back   filling   of    any   trench 
in  a  city  street  or  highway  shall  be  as  follows: 
For  trenches  more  than  four   (4)   feet  in  depth,  or 

more  than  thirty  (30)  feet  in  length $2  00 


CODE  OF   ORDINANCES  OF  THE   CITY  OF   NEW  YORK.  359 

For  trenches  over  four  (4)  feet  and  under  nine  (9) 
feet  in  depth  and  not  more  than  thirty  (30)  feet 
in    length    $3  00 

For  trenches  over  nine  (9)  feet  and  under  sixteen 
(16)  feet  in  depth  and  not  more  than  thirty 
(30)    feet    in    length 4  00 


For  trenches  of  greater  dimensions  than  the  foregoing, 
special  charge.     (Id.,  sec.  11.) 

§  12.  Sewer  Inspection  and  Fee. —  Every  sewer  conn^ec- 
tion  shall  be  made  under  the  supervision  of  a  City  Inspector 
of  Sewer  Connections. 

The  fee  for  such  inspection  will  be  three  dollars,  which 
shall  be  deposited  with  the  Department  of  Finance  and 
credited  to  a  special  fund  entitled  "  Sewer  Inspection  and 
Repair,  Borough  of  Richmond."     (Id.,  sec.  12.) 

§  13.     Fees,     Restoration     of     Pavements. —  Fees     for    the 
restoration  of  pavement  shall  be  as  follows,  for  areas  less 
than  ten  (10)  square  yards: 
For  restoring  granite  or  other  blocks  or  brick  on 

concrete  foundation,  per  square  yard $2  50 

For  restoring  granite  or   other   blocks   or  brick   on 

sand  foundation,  per   square  yard 1  00 

For  sheet  asphalt  on  concrete  foundation,  per  square 

yard 3  00 

For  macadam,  per  square  yard 80 


For  areas  in  excess  of  ten  (10)  square  yards,  special,  as 
may  be  determined  by  the  President  of  the  Borough  or  his 
representative.  (Id.,  sec.  13.  Amend,  by  ord.  app.  April  17, 
1906,  infra.) 

§  14.  Computing  Area  of  Work. —  The  area  of  surface  to 
be  repaved  shall,  in  all  cases,  be  computed  by  the  President 
of  the  Borough  or  his  representative,  from  the  diagram  in 
the  application,  as  verified  or  corrected  by  comparison  with 
the  maps  and  records  on  fiLe.     (Id.,  sec.  14.) 

§  15.  Uses  of  Moneys  Paid. —  All  fees  for  inspection  and 
for  restoration  of  pavements  must  be  paid  by  the  applicant 
in  cash  upon  the  issuing  of  the  permit,  and  a  receipt  shall 
be  given  therefor.  Regular  return  of  the  money  shall  be 
made  to  the  Comptroller  of  The  City  of  New  York,  who 
shall  credit  it  to  the  special  fund  for  "  Restoring  and  Re- 
paving  Streets  in  the  Borough  of  Richmond."     (Id.,  see.  15.) 

§  16.  Special  Uses  of  Streets  and  Charges. —  For  special 
uses  of  the  streets,  permits  may  be  issued  and  the  President 
of  the  Borough  or  his  representative  may  require  therefor 
as^  security  deposit  such  sum  or  sums  as  may  seem  to  him 
fair  and  just;  such  moneys  to  be  deposited  with  the  Finance 
Department,  to  be  drawn  upon  by  the  Comptroller  upon 
order  of  the  President  of  the  Borough  after  proper  com- 
pletion of  the  work,  payable  to  the  party  taking  out  the 


360  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

original  permit,  either  in  full  or  to  the  amount  of  such 
balance  as  may  be  left,  if  it  shall  be  found  necessary  to 
use  said  deposit  for  purpose  of  repairing  damages.  In  the 
latter  event  the  amount  retained  shall  be  credited  to  the 
fund  drawn  upon  for  making  the  repairs. 

In  general,  such  deposits  shall  be  similar  to  the  follow- 
ing: No  permit  shall  be  given  for  over  ninety  (90)  days 
without  formal  extension. 

Placing  building  material  on  highway $5  00 

Moving  one  (1)   story  building  over  highway 10  00 

Moving  building  larger  than  one  (1)  story  over  high- 
way         25  00 

Moving  steam  roller  over  highway 25  00 

(Id.,  sec.  16.) 

§  17.  Consent  of  Corporations. —  The  applicant  for  a  per- 
mit to  move  a  building  on  or  across  streets  where  there 
are  car  tracks  or  overhead  wire  construction  must  obtain 
and  file  with  the  application  the  consent  of  the  company 
affected.     (Id.,  sec.  17.) 

§  18.  Gutters  Clear. —  Storage  of  building  or  other  mate- 
rial on  the  streets  will  only  be  permitted  on  express  condi- 
tion that  the  gutters  to  the  full  width  of  three  (3)  feet 
shall  be  kept  absolutely  clear  and  free  for  the  passage  of 
water;  such  storage  shall  be  limited  to  this  frontage  of  the 
property  mentioned  in  the  application  and  to  one-third  of 
the  width  of  the  street.     (Id.,  sec.  18.) 

§  19.  Sidewalks  Protected. —  Where  any  heavy  teaming  is 
necessary  across  sidewalks,  either  the  flagstones  shall  be 
removed  and  a  clean  dry  walk  maintained,  or  the  crossing 
shall  be  so  thoroughly  protected  with  heavy  planking  as 
to  prevent  injury  thereto  and  present  no  obstruction  to  the 
safe  use  of  the  same  by  pedestrians.     (Id.,  sec.  19.) 

§  20.  Non-interference  with  Traffic,  Etc. —  All  work  to  be 
done  must  be  carried  on  in  such  manner  as  not  to  unneces- 
sarily interrupt  business  on  the  streets,  or  in  any  way 
interfere  with  existing  swers,  piping,  subways,  tracks  or 
other  public  conveniences  or  utilities  already  laid  under 
authority.     (Id.,  sec.  20.) 

§  21.  Snow  Removal. —  The  person  or  corporation  to 
whom  a  permit  for  street  opening  is  granted  must  remove 
Avithin  twenty-four  (24)  hours  all  snow  and  ice  that  may 
fall  or  form  upon  the  street  wdthi^  five  feet  upon  either 
side  of  the  opening  and  keep  thjs  space  free  from  snow  and 
ice  until  the  opening  is  properly  refilled.     (Id.,  sec.  21.) 

§  22.  Competent  Men. —  All  work  must  be  carried  out  by 
men  competent  and  skilled  in  their  respective  duties,  and 
full  compliance  must  be  given  to  all  laws  affecting  the  work 
or  the  employment  of  labor.     (Id.,  sec.  22.) 

§  23.  Penalties, —  Failure  to  comply  with  any  of  the  con- 
ditions of  this  ordinance  by  any  person  or  corporation,  or 
failure  to  perform  any  of  the  above  acts  in  the  manner  pre- 
scribed and  directed  by  the  President  of  the  Borough,  or 
Jiis    Inspectors    or    other    duly    appointed    agents,    will    be 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  361 

punishable  by  the  revocation  of  the  permit  for  such  work, 
tke  refusal  to  issue  further  permits  to  the  offending"  party 
for  any  purpose  whatever  for  a  period  not  exceeding  six 
months,  or  forefeiturc  of  the  temporary  security  deposits, 
or  any  or  all  of  these  penalties.     (Id.,  sec.  23.) 

Article  II. —  Widths  of  Sidewalks. 
§  24.  In  carrying  out  street  improvements  in  the  Borough 
of  Richmond,  where  the  regulation  of  sidewalks  and  curbing 
is  affected,  in  all  new  streets  and  in  old  ones,  where  possi- 
ble, unless  serious  difficulties  interfere,  to  be  then  deter- 
mined by  the  President  of  the  Borough,  the  sidewalks 
between  street  lines  and  curbs  shall  be  of  widths  as 
follows: 
A  —  Where    street    is    less    than    forty    (40)    feet 

wide  —  to  be  determined  by  the  President 

of  the  Borough,  as  each  special  case  may 

require Special. 

B  —  Where  street  is  forty  (40)  feet  wide  and  less 

than  fifty    (50) 10     feet. 

C  —  Where  street  is  fifty   (50)   feet  wide  and  less 

than   sixty    (60) 121/2  feet. 

D  —  WTiere  street  is  sixty  (60)  feet  wide  and  less 

than    seventy    (70) 15     feet. 

E  —  WTiere  street- is  seventy  (70)  feet  wide  and  less 

than   eighty    (80) 171/^  f  eet. 

F  —  Where  street  is  eighty  (80)  feet  wide  and  less 

than  one  hundred   (100) 20     feet. 

G  —  Where  street  is  one  hundred   (100)   feet  wide 

and  over 25     feet. 

(Ord.  app.  June  22,  1903,  sec.  1.) 
§  25.  For  all  new  sidewalk  pavement  the  footway  shall 
be  not  less  than  five  (5)  feet  in  width,  with  either  flagstones 
or  artificial  stone,  in  full  accordance  with  or  better  than 
called  for  in  the  standard  specifications  for  this  work,  on 
file  in  the  office  of  the  President  of  the  Borough  of  Rich- 
mond.    (Id.,  sec.  2.) 

§  26.  All  sidewalks  shall  be  laid  on  a  grade  rising  from 
top  of  the  curb,  one-half  (1/2)  of  an  inch  to  each  foot,  where 
only  one  five  (5)  foot  width  of  pavement  is  laid;  and  of  one- 
third  (%)  of  an  inch  where  the  whole  sidewalk  width  is  to 
be  paved.     (Id.,  sec.  3.) 

PART  XV. 

Miscellaneous  Ordinances  Affecting  the  Boroughs  of  Queens,  Rich- 
mond and  The  Bronx. 

Chapter  1. —  Miscellaneous. 
Article   I. —  Publication    of    Session   Laics   in    the   Boroughs   of 
Queens  and  Richmond. 
Section  1.     The  compensation  for  publication  of  the   Ses- 
sion Laws  in  the  Counties  of  Queens  and  Richmond  is  hereby 
fixed  at  the  rate  of  fifty  cents  per  folio, 


362  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

Article  II. —  Fees  for  Certain  Sewer  Connections  in  the  Borough 
of  the  Bronx. 

§  2.  All  plumbing  contractors  performing'  work  on  any 
municipal  or  public  buildings  in  the  Borough  of  tlue  Bronx, 
in  The  City  of  New  York,  shall  be  exempt  from  charge  of 
fees  by  the  Borough  President  or  Commissioner  of  Public 
Works  for  connecting  into  any  public  sewer  or  sewers  in 
any  street,  alley  or  highway,  except  a  nominal  charge  of  ten 
dollars  for  each  such  municipal  or  public  building  owned 
by  The  City  of  New  York;  provided,  however,  that  thia 
resolution  shall  not  affect  any  existing  contract. 

PART    XVI. 

Wherever  in  the  foregoing  ordinances  no  specific  penalty 
is  provided  for  the  violation  of  any  such  ordinance,  the 
penalty  for  the  violation  thereof  shall  be  the  sum  of  ten 
dollars  ($10).     (R.  O.  1897,  sec.  786,  with  verbal  changes.) 

Adopted  by  the  Board  of  Aldermen,  October  30,  1906. 

Approved  by  the   Mayor,  November  8,  1906. 

The  above  is  the  date  of  the  adoption  of  entire  foregoing-  Code. 

NOTE. 

The  question  is  frequently  asked  whether  every  violation  of  the 
ordinances  is  a  misdemeanor.  By  section  85  of  the  Consolidation 
Act  (eh.  410,  L.  1882)  every  violation  of  the  ordinances  was  specifl- 
cally  declared  to  be  a  misdemeanor.  When  the  Greater  New 
York  Charter  went  into  effect  (1898)  section  85  of  the  Consolidation 
Act  had  been  revised  by  section  50,  which  dropped  the  misdemeanor 
clause,  and  merely  gave  the  Board  of  Aldermen  the  power  to 
impose  "  such  fines,  penalties,  forfeitures  or  imprisonment  as  may 
by  law  be  prescribed."  In  the  Revised  Charter  of  1901  this  is 
section  44.  Section  41  of  the  1901  Charter  continued  all  ordinances 
not  inconsistent  with  the  Charter  in  force.  The  revised  ordinances 
of  1897,  section  786,  made  all  violations  liable  to  a  penalty  of  ten 
dollars.  This  has  always  been  interpreted  as  meaning  that  since 
January  1,  1898,  when  the  new  Charter  went  into  effect,  the  viola- 
tion of  an  ordinance  made  the  party  liable  to  a  suit  to  recover 
the  penalty  in  a  civil  action  only,  unless  the  section  violated 
expressly  declared  the  offense  to  be  a  misdemeanor. 

The  old  Police  Magistrates  were  invested  by  chapter  233,  Laws 
1895,  with  power  to  impose  fines  "  in  All  cases  of  arrest  for  offend- 
ing any  ordinance  of  The  City  of  New  York."  This  power  was 
transferred  to  the  City  Magistrates  by  chapter  601,  Laws  1895,  and 
continued  in  them  by  section  1392  of  the  original  and  amended 
Charters.  This  would  clearly  seem  to  give  the  City  Magistrates 
jurisdiction  where  the  ordinances  have  specifically  made  an  offense 
a  misdemeanor. 


GENERAL  ORDINANCES 

Passed  from  January  1,  1906  to  December  11,  1906. 


An    Ordinance    in    Relation    to    Vehicular    Traffic    on    the 
Ocean  Parkway,  in  the  Borough  of  Brooklyn. 

Be  it  Ordained  by  the  Board  of  Aldermen  of  The  City  of  Neio 
York  as  follows: 

Section  1.  Hereafter  it  shall  be  unlawful  to  drive  any 
veliicle  over  th£  easterly  side  road  or  bridle  road  of  the 
Ocean  parkway,  between  Prospect  Park  and  the  Coney 
Island  Concourse,  except  as  it  may  be  necessary  to  cart  or 
convey  supplies  to  the  residences  along  said  easterly  side 
road,  or  in  case  of  buildings  being  erected  fronting  on  said 
side  road,  when  it  shall  be  lawful  to  cart  building  materials 
thereon.  In  all  cases,  however,  vehicles  must  enter  said 
side  road  from  the  street  nearest  to  said  residence  or  house 
in  course  of  construction,  and  must  leave  the  Same  at  the 
next  following  intersecting  street. 

§  2.  Any  person  who  violates  the  provisions  of  this  ordi- 
nance shall  be  liable  to  a  penalty  of  five  dollars  for  each 
and  every  oifense. 

§  3.  All  ordinances  or  parts  of  ordinances  of  the  munici- 
pal and  public  corporations  consolidated  into  The  City  of 
New  York,  inconsistent  with  the  provisions  of  this  ordi- 
nance, are  hereby  repealed. 

Adopted  by  the  Board  of  Aldermen,  February  14,  1906. 
Became   law,    February   28,    1906. 

A  Resolution  in  Relation  to  the  Delivery  of  Supplies  to  the 
Residents  of  West  End  Avenue. 

Now  therefore  be  it  ordained,  that  the  delivery  of  supplies 
to  the  residents  of  West  End  avenue,  north  of  Seventieth 
street,  in  the  Borough  of  Manhattan,  in  The  City  of  New 
York,  v^lU  be  permitted  in  the  forenoon;  but  no  business 
vehicle  shall  enter  upon  or  pass  over  said  parkway  after 
the  hour  of  noon,  except  by  special  permission  of  the 
Commissioner  having  jurisdiction.  In  passing  over  the  said 
parkway,  business  vehicles  must  go  direct  to  place  of 
delivery,  must  leave  the  said  parkway  without  unnecessary 
delay  and  by  the  shortest  route  —  the  place  of  entry  if 
possible.  Said  parkways  must  not  be  used  to  enable  busi- 
ness vehicles  to  reach  places  exterior  to  them. 

Adopted  by  the  Board  of  Aldermen,  March  6,  190«, 
Became   law,    March  20,   1906. 


364        GENERAI.   ORDINANCES  OF   THE   CITY   OF   NEW    VOEK. 

An      Ordinance      Governing      Sidewalk      Widths      in      the 
Borough  of  Queens. 

Be  it  Ordained  hy  the  Board  of  Aldermen  of  The  CUy  of  New 
York  as  follows: 

Section  1.  In  carrying  out  street  improvement?  in  the 
Borough  of  Queens,  where  the  regulation  of  sidewalks  and 
curbing  is  affected  in  all  new  streets  and  in  old  ones,  where 
possible,  unless  serious  difficulties  interfere,  to  be  then 
determined  by  the  President  of  the  Borough,  the  sidewalks 
between  street  lines  and  curbs  shall  be  of  widths  as  follows: 

A  —  Where  street  is  less  than  forty  (40)  feet  wide,  to  be 
determined  by  the  President  of  the  Borough,  as  each  special 
case  may  require,  special. 

B  —  "WTiere  street  is  forty  (40)  feet  wide  and  less  than 
fifty  (50),  10  feet. 

C  —  Where  street  is  fifty  (50)  feet  wide  and  less  than 
sixty  (60),  12.5  feet. 

D  —  Where  street  is  sixty  (60)  feet  wide  and  less  than 
seventy  (70),  15  feet. 

E  —  Where  street  is  seventy  (70)  feet  wide  and  less  than 
eighty  (80),  17.5  feet. 

F  —  Where  street  is  eighty  (80)  feet  wide  and  less  than 
one  hundred  (100),  20  feet. 

G  —  Where  street  is  one  hundred  (100)  feet  wdde  and  over, 
to  be  determined  by  the  President  of  the  Borough  as  each 
special  case  may  require,  special. 

§  2.  For  all  new  sidewalk  pavement,  the  footway  shall 
be  not  less  than  five  (5)  feet  in  ^^ddth,  with  either  flagstone 
or  artificial  stone,  in  full  accordance  with  or  better  than 
called  for  in  the  standard  specification  for  this  work,  on 
file  in  the  office  of  the  President  of  the  Borough  of  Queens. 

§  3.  All  sidewalks  shall  be  laid  on  a  grade  rising  from 
top  of  the  curb,  one-half  (14)  of  an  inch  to  each  foot,  where 
only  one  five  (5)  foot  width  of  pavement  is  laid;  and  of  one- 
third  (Vs)  of  an  inch  where  the  whole  sidewalk  width  is  to 
be  paved. 

§  4.  All  ordinances,  or  parts  thereof,  now  in  effect  con- 
flicting with  the?e,  are  hereby  repealed. 

§  5.     This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen,   March  20,  1906. 
Approved    by    the    Mayor,    March    27,    1906. 

An  Ordinance  Governing  Connections  With  Sewers,  Cer- 
tain Uses  of  the  Public  Streets,  and  the  Making  of 
Openings  in  Pavements  and  the  Restoration  Thereof 
in  the  Borough  of  Richmond. 

Be  it  Ordained  hy  the  Board  of  Aldermen  of  The  City  of  New 
York  as  follows: 

Section  1.  Section  13  of  an  ordinance  governing  connec- 
tions with  sewers,   certain   uses   of   the   public   streets,   and 


GE^-ERAL   ORDINANCES  OF  THE   CITY   OF   NEW  YOEK.  365 

the  making-  of  openings  in  pavements  and  the  restoration 
thereof  in  th£  Borough  of  Richmond,  approved  July  27,  1903, 
is  hereby  amended  so  as  to  read  as  follows: 

§  13.     Fees,  restoration  of  pavements. 

Fees  for  the  restoration  of  pavement  shall  be  as  follows, 
for  areas  less  than  ten  (10)   square  yards: 
For  restoring  granite   or  other  blocks  or  brick  on 

concrete  foundation,  per  square  yard $3  00 

For  restoring  granite  or  other  blocks  or  brick  on 

sand  foundation,  per  square  yard 1  00 

For  sheet  asphalt  on  concrete  foundation,  per  square 

yard 3  00 

For  macadam,  per  square  yard 80 

For  areas  in  excess  of  ten  (10)  square  yards,  special,  as 
may  be  determined  by  the  President  of  the  Borough  or  his 
representative. 

§  2.    This  ordinance  shall  take  effect  immediately. 

Adopted  by  the   Board  of  Aldermen,   April  10,   1906. 

Approved   by   the   Mayor,   April   17,    1906. 

An  Ordinance  to  amend  section  14  of  article  I  of  "An 
Ordinance  in  Relation  to  the  Rules  of  the  Road/* 

Be  it  Ordained  hy  the  Board  of  Aldermen  of  The  City  of  New 
York  as  follows: 

Section  1.  Section  14  of  article  I  of  "  An  Ordinance  in 
Relation  to  the  Rules  of  the  Road,"  approved  and  signed 
by  the  Mayor  December  14,  1903,  is  hereby  further  amended 
so  as  to  read  as  fololsw: 

§  14.  Surface  Cars  Taking  On  or  Discharging  Passengers. 
—  Surface  cars  shall  stop  on  the  far  side  of  the  street  at 
the  crosswalk  to  discharge  or  take  on  passengers,  excepting 
that  the  surface  cars  operated  on  Eighth  avenue,  in  the 
Borough  of  Manhattan,  shall  stop  both  on  the  near  and 
far  side  of  the  street  at  the  intersection  of  West  Ona 
Hundred  and  Thirty-fifth  street  with  said  avenue. 

§  2.     This  ordinance  shall  take  effect  immediately. 

Adopted  by  the   Board  of   Aldermen,   April  17,   1906. 

Approved  by  the  Mayor,  April  27,  1906. 

An  Ordinance  to  amend  section  721  of  the  Revised 
Ordinances  of  The  City  of  New  York  of  1897,  Relat- 
ing to  the  Use  of  Firearms. 

Be  it  Ordained  hy  the  Board  of  Aldermen  of  The  City  of  New 
York  as  follows: 

Section  1.  Section  721  of  the  Revised  Ordinances  of  The 
City  of  New  York  of  1897,  relating  to  the  firing  of  firearms, 
hereby  is  amended  so  as  to  read  as  follows: 

§  721.  No  person  shall  fire  off  or  discharge  any  gun, 
pistol,  fowling  piece  or  other  firearm  in  The  City  of  New 
York,  under  a  penalty  of  ten  dollars  for  each  offense.     The 


366        GENERAL   ORDINANCES   OF  THE   CITY   OF   NEW  YORK. 

provisions  of  this  section  shall  not  apply  to  Washington 
Park,  Hamilton  Park,  Bender's  Sehutzen  Park,  Bellevue 
Garden,  Harlem  Kiver  Park,  Christ's  Park,  Kuntz's  Elm 
Park,  National  Park,  Karl  Park,  Hudson  Kiver  Park,  Brien's 
Under  cliff  Park,  High  Bridge;  the  dock  at  the  foot  of  One 
Hundred  and  Fifty-fifth  street.  North  river;  the  land  lying 
between  One  Hundred  and  Sixty-eighth  street,  the  Hudson 
river.  One  Hundred  and  Seventy-second  street  and  the 
Kingsbridge  road,  w^hile  said  property  is  used  for  the  pur- 
pose of  a  rifle  range  by  the  Fort  Washington  Rifle  Club, 
and  no  longer;  Manhattan  Park,  situated  in  One  Hundred 
and  Fifty-fifth  street,  200  feet  west  of  Eighth  avenue;  Cos- 
mopolitan Park,  located  on  One  Hundred  and  Sixty-ninth 
street  and  Tenth  avenue,  near  High  Bridge;  Zeltner's  Park, 
located  at  the  northeast  corner  of  Third  avenue  and  One 
Hundred  and  Seventieth  street;  St.  Nicholas  Park,  located 
on  One  Hundred  and  Fifty-fifth  street,  between  Eighth  and 
Columbus  avenues;  Fort  George  Park,  located  on  Amsterdam 
avenue,  west  side,  between  One  Hundred  and  Ninety-fourth 
and  One  Hundred  and  Ninety-seventh  streets;  Rifle  Range, 
located  on  the  east  side  of  Amsterdam  avenue,  between  One 
Hundred  and  Eighty-seventh  and  One  Hundred  and  Eighty- 
eighth  streets;  Manhattan  Field,  on  Eighth  avenue,  from 
One  Hundred  and  Fifty-fifth  to  One  Hundred  and  Fifty- 
seventh  streets;  the  premisjes  of  Tony  Eiser,  on  the  north- 
east corner  of  One  Hundred  and  Eightj^-fifth  street  and 
Amsterdam  avenue;  the  Berkeley  Oval,  on  Burnside  avenue, 
between  Sedgwdck  avenue  and  Macomb's  Dam  road;  the 
premises  of  Henry  Martens,  No.  1151  Stebbins  avenue, 
known  as  Pioneer  Park;  the  premises  of  Theobald  Noll 
(Morrisania  Schuetzen  Park),  No.  1390  Boston  avenue;  the 
premises  of  Morris  Dietsch,  situated  on  the  East  river,  ad- 
joining the  premises  of  the  Oak  Point  Yacht  Club,  in  the 
Twenty-third  Ward;  the  grounds  of  the  Columbia  College 
Gun  Club  at  Williamsbridge;  the- premises  of  the  Washing- 
ton Heights  Club,  Orue  Hundred  and  Fifty-second  street  and 
Amsterdam  avenue;  the  premises  of  the  Country  Club  of 
Westchester  County,  situated  on  Eastchester  Bay,  in  the 
late  Town  of  Westchester,  now  New  York  City;  the  grounds 
of  Mrs.  M.  W.  Ditmar,  in  Baychester;  the  grounds  of  the 
Kingsbridge  Gun  Club;  the  premises  at  the  corner  of  Willow 
avenue  and  One  Hundred  and  Twenty-ninth  street,  in  The 
City  of  New  York;  the  grounds  of  the  Melrose  Shooting 
Club  at  the  end  of  Beretto's  Point;  the  grounds  of  Frank 
Strassburg,  Broadway  and  Myers  road,  Van  Cortlandt,  New 
York  City;  the  premises  of  Frederick  Lohbauer,  known  as 
Bay  View  Park,  Pelham  Bay,  Throgg's  Neck,  Westchester, 
in  The  City  of  New  York;  the  premises  known  as  Nunley's 
Railroad  Hotel  and  Casino,  on  Seaside  Boulevard,  South 
Beach,  Staten  Island;  the  premises  of  David  Crabb,  Linole- 
umville,  Staten  Island;  Madison  Square  Garden,  New  York 
City;    the  grounds  occupied   by   the   Transit   Rod   and   Gun 


GENERAL  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


367 


Club,  located  near  Lafayette  avenue  and  the  Bronx  river; 
the  premises  known  as  ALanhattan  Casino  Park,  situate  on 
the  north  side  of  One  Hundred  and  Fifty-fourth  street,  be- 
tween Eighth  avenue  and  Central  avenue,  m  the  Borough 
of  Manhattan;  the  premises  of  the  Craig  Lea  Rod  and  Gun 
Club,  Pelham  Bay,  Bronx  Boroup'h;  grounds  Fox  Hills  bun 
Club^  Vanderbilt  avenue,  Clifton,  Fourth  Ward,  Richmond 
Borough;  the  grounds  occupied  by  James  A.  Henderson  on 
the  westerly  side  of  Pelham  Bay,  1,500  feet  southerly  of 
the  New  Road  Dock;  the  grounds  of  D.  J.  MacLeod,  known 
as  Groenfield  Park,  on  Coney  Island  avenue  and  Avenue  L, 
in  the  Thirty-first  Ward,  in  the  Borough  of  Brooklyn. 

§  2.  The  provisions  of  this  ordinance  permitting  the  dis- 
charge of  firearms  on  certain  grounds  and  places  shall  apply 
with  equal  force  to  all  the  grounds  and  places  named  in 
section  1  hereof,  in  whatsoever  borough  situated. 

§  3.  All  ordinances  or  parts  of  ordinances  inconsistent 
with  the  provisions  of  this  ordinance  are  hereby  repealed. 

§  4.     This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen,   April  24,  1906. 
Approved  by  the  Mayor,  May  1,  1906. 

An  Ordinance  to  amend  section  105  of  the  Ordinance  of 
The  City  of  New  York,  known  as  the  Building  Code. 

Be  it  Ordained  by  the  Board  of  Aldermen  of  The  City  of  New 
York  as  follows: 

Section  1.  Section  105  of  the  ordinance  known  as  the 
Building  Code  is  hereby  amended  so  as  to  read  as  follows: 

Every  building  hereafter  erected  or  altered,  to  be  used 
as  a  hotel,  lodging  house,  school,  theatre,  jail,  police  station, 
hospital,  asylum,  institution  for  the  care  or  treatment  of 
persons,  the  height  of  Avhich  exceeds  thirty-six  feet  six 
inches,  excepting  all  buildings  for  which  specifications  and 
plans  have  been  heretofore  submitted  to  and  approved  by 
the  Department  of  Buildings,  and  every  other  building  the 
height  of  which  exceeds  seventy-five  feet,  except  as  herein 
otherwise  provided,  shall  be  built  fireproof;  that  is  to  say  — 

They  shall  be  constructed  with  walls  of  brick,  stone,  Port- 
land cement  concrete,  iron  or  steel,  in  wrhich  w^ood  be*ams  or 
lintels  shall  not  be  placed,  and  in  which  the  floors  and  roofs 
shall  be  of  materials  provided  for  in  section  106  of  this  Code. 

The  stairs  and  staircase  landings  shall  be  built  entirely 
of  brick,  stone,  Portland  cement  concrete,  iron  or  steel. 

No  woodwork  or  other  inflammable  material  shall  be  used 
in  any  of  the  partitions,  furrings  or  ceilings  in  any  such 
fireproof  buildings,  excepting,  however,  that  when  the  height 
of  the  buildings  does  not  exceed  twelve  stories  nor  more 
than  150  feet,  the  doors  and  windows  and  their  frames,  the 
trims,  the  casings,  the  interior  finish  when  filled  solid  at 
the  back  with  fireproof  material,  and  the  floor  boards  and 
pleepers  directly  thereunder,  may  be  of  wood,  but  the  space 


S6S       GENERAL  ORDINANCES  OP  THE  CITY  OP  NEW  YOBK. 

between  the  sleepers  shall  be  solidly  filled  with  fireproof 
materials  and  extend  up  to  the  under  side  of  the  floor 
boards. 

When  the  height  of  a  fireproof  building  exceeds  twelve 
stories,  or  more  than  150  feet,  the  floor  surfaces  shall  be  of 
stone,  cement,  rock  asphalt,  tiling  or  similar  incombustible 
material,  or  the  sleepers  and  floors  may  be  of  wood  treated 
by  some  process  approved  by  the  Board  of  Buildings,  to 
render  the  same  fireproof.  All  outside  window  frames  and 
sash  shall  be  of  metal,  or  of  wood  covered  wdth  metal.  The 
inside  window  frames  and  sash,  doors,  trim  and  other 
interior  finish  may  be  of  wood  covered  vdth  metal,  or  of 
wood  treated  by  some  process  approved  by  the  Board  of 
Buildings,  to  render  the  same  fireproof. 

All  hall  partitions  or  permanent  partitions  between  rooms 
in  fireproof  buildings  shall  be  built  of  fireproof  material 
and  shall  not  be  started  on  wood  sills,  nor  on  wooden  floor 
boards,  but  be  built  ux>on  the  fireproof  construction  of  th© 
fioor  and  extend  to  the  fireproof  beam  filling  above. 

The  tops  of  all  door  and  window  openings  in  such  parti- 
tions shall  be  at  least  twelve  inches  below  the  ceiling  line. 

§  2.    This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen,  May  1,  1906. 

Approved  by  the  Mayor,  May  8,  1906. 

An  Ordinance  in  Relation  to  the  Discharge  of  Inflammable 
or  Explosive  Gas  or  Vapor  into  Sewers  or  Drains, 
Either  Public  or  Private,  in  The  City  of  New  York. 

Be  it  Ordained  hy  the  Board  of  Aldermen  of  The  City  of  'New 
York  as  follows: 

Section  1.  No  connection  with  or  opening  into  any  sewer 
or  drain  in  The  City  of  New  York,  eith£r  public  or  private, 
shall  be  used  for  the  conveyance  or  discharge,  directly  or 
indirectly,  into  said  sewer  or  drain,  of  any  volatile  infiam- 
mable  liquid,  gas  or  vapor,  it  being  noted  that  a  volatile 
inflammable  liquid  is  any  liquid  that  will  emit  an  inflam- 
mable vapor  at  a  temperature  below  160  degrees  Fahrenheit. 

§  2.  Every  owner  and  occupant,  severally  and  respect- 
ively, of  any  premises  which  may  be  connected  with  a  sewer 
or  drain,  either  public  or  private,  who  shall  violate  any  of 
the  provisions  of  this  ordinance,  shall  be  subject 'to  a 
penalty  of  fifty  dollars  ($50)  for  each  and  every  offense. 

§  3.     This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen,  May  1,  1906. 

Approved  by  the  Mayor,  May  9,  1906. 

An  Ordinance  to  amend  an  Ordinance  Relating  to  the  Use 
of   Firearms. 

Be  it  Ordained  hy  the  Board  of  Aldermen  of  The  City  of  New 
York  as  follows: 

Section  1.  The  ordinance  relating  to  the  firing  of  firearms 
which  was  adopted  April  24,  1906,  and  approved  May  1,  1906, 


GENERAL  ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  3G0 

is  hereby  amended  by  adding-  at  the  end  of  section  1  thereof 
the  following-  words:  "The  grounds  of  the  Aquehonga  Gun 
Club,  situated  on  the  northerly  side  of  the  Mill  road,  about 
500  feet  westerly  from  the  Amboy  road,  Richmond  Valley, 
Borough  of  Richmond." 

§  2.     This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen,   May  15,  1906, 
Approved  by  the  Mayor,  May  22,  1906. 

An  Ordinance  to  amend  section  143,   part  XXVII,  of  the 
"  Building   Code,'*    Relating   to    Fire   Limits. 

Be  ii  Ordained  by  the  Board  of  Aldermen  of  The  City  of  New 
York  as  follows: 

Section  1.  Section  143,  Part  XXVIT,  of  the  Building  Code, 
relating  tx>  fire  limits,  so  far  as  the  same  applies  to  the 
First  Ward,  Borough  of  Queens,  is  hereby  amended  so  as 
to  read  as  follows: 

On  the  north  by  a  line  one  hundred  (100)  feet  north  of 
the  northerly  side  of  Nott  avenue  to  a  point  one  hundred 
(100)  feet  southeast  of  the  southeasterly  side  of  Jackson 
avenue;  thence  southwesterly  along  Jackson  avenue  one 
hundred  (100)  feet  from  the  southeasterly  side  thereof  to  a 
point  ninety  (90)  feet  east  of  the  easterly  side  of  Van  Alst 
avenue;  thence  southerly  ninety  (90)  feet  east  of  the  east- 
erly side  of  Van  Alst  avenufi  to  Newtown  creek,  the  south- 
erly and  westerly  boundaries  to  remain  as  now  established. 

§  2.  All  ordinances  or  parts  of  ordinances  inconsistent  or 
conflicting  with  the  provisions  of  this  ordinance  are  hereby 
repealed. 

§  3.    This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen,  June  12,  1906. 
Became    law,    June    26,    1906. 

An  Ordinance  to  Prevent  the  Public  Display  of  Indecent 
Pictures  or  Prints  as  Advertisements,  Tending  to 
Incite  to  Acts  of  Immorality  or  Crime. 

Be  it  Ordained  by  the  Board  of  Aldermen  of  The  City  of  New 
York  as  follows: 

Section  1.  No  person  shall  post,  paste,  print,  nail,  main- 
tain or  display  upon  any  billboard,  fence,  building,  frame  or 
structure,  and  in  any  manner  expose  to  public  view,  as  an 
advertisement  of  any  show,  play  or  performance,  any  inde- 
cent print,  or  any  picture,  or  cut,  tending  to  represent  the 
doing  of  a  criminal  act;  or  representing  indecently  the  limbs 
or  any  part  of  the  human  body;  or  the  position  of  persons 
in  relation  to  each  other,  tending  to  deprave  the  morals 
of  individuals,  or  shocking  to  the  sense  of  decency,  or  tend- 
ing to  incite  the  mind  to  acts  of  immorality  or  crime,  or  to 
familiarize  and  accustom  the  minds  of  young  persons  with 
the  same. 

24 


370        GENERAL   ORDINANCES   OF   THE   CITY   OF   NEW  YORK. 

§  2.  Any  person  offending"  against  any  of  the  foregoing 
provisions  of  this  ordinance  sliall  be  punished  by  a  line  oi 
not  less  than  ten  dollars  nor  more  than  $100,  or  imprison- 
ment not  exceeding  ten  days;  each  day  such  violation  shall 
be  wilfully  maintained  or  continued  shall  he  deemed  to 
constitute  a  separate  offense,  and  render  the  offender  liable 
to   additional  arrest  and  prosecution. 

Adopted  by  the  Board  of  Aldermen,  June  19,  1906. 

Became    law,    July   2,    1906. 

An  Ordinance  in  Relation  to  the  Discharge  of  Inflammable 
or  Explosive  Gas  or  Vapor  into  Sewers  or  Drains, 
Either  Public  or  Private,  in  The  City  of  New  York. 

Be  it  Ordained  hy  the  Board  of  Aldermen  of  The  City  of  New 
York  as  follows: 

Section  1.  No  connection  with  or  opening  into  any  sewer 
or  drain  in  The  City  of  New  York,  either  public  or  private, 
shall  be  used  for  the  conveyance  or  discharge,  directly  or 
indirectly,  into  said  sewer  or  drain,  of  any  volatile  inttam- 
mabLe  liquid,  gas  or  vapor,  it  being  noted  that  a  volatile 
inflammable  liquid  is  any  liquid  that  will  emit  an  inflam- 
mable vapor  at  a  temperature  below  160  degrees  Fahrenheit. 

§  2.  Every  occupant  of  any  premises  which  may  be  con- 
nected with  a  sewer  or  drain,  public  or  private,  who  shall 
use  or  permit  or  allow  to  be  used  said  sewer  or  drain  for 
such  purposes  as  hereinbefore  specified  in  section  1,  and 
every  owner  of  any  premises  who  shall  use,  permit  or  allow 
the  use  of  such  sewer  or  drain  for  such  purposes  shall  be 
deemed  to  have  violated  the  provisions  of  this  ordinance 
and  be  guilty  of  misdemeanor,  and  shall  be  punished  upon 
conviction  thereof  by  a  fine  of  fifty  dollars  ($50),  or  im- 
prisonment for  thirty  (30)  days. 

§  3.     This  ordinance  shall  take  eft'ect  immediately. 

Adopted  by  the  Board  of  Aldermen,   June  26,  1906. 

Approved  by  the  Mayor,  July  6,  1906. 

An  Ordinance  to  Provide  for  the  Removal  of  Buildings 
Into,  Along  or  Across  any  Street,  Lane  or  Avenue, 
or  any  Public  Place,  in  the  Borough  of  The  Bronx, 
in  The  City  of  New  York. 

Be  it  Ordained  by  the  Board  of  Aldermen  of  The  City  of  New 
York  as  follows: 

.  No  person  shall  remove,  or  cause  or  permit  to  be  removed, 
or  shall  aid  or  assist  in  removing  any  building  into,  along 
or  across  any  street,  avenue,  lane,  alley  or  public  place  in 
the  Borough  of  the  Bronx,  City  of  New  York,  wdthout  per- 
mission of  the  President  of  said  borough,  under  the  penalty 
of  two  hundred  and  fifty  dollars   ($250)   for  each  offense. 

Adopted  by  the  Board  of  Aldermen,   July  31,  1906. 

Approved  by  the  Mayor,   August  10,   1906. 

(See  ord.  app.  Dec  3,  1906,  infra.) 


GENERAL  ORDINANCES  OF   THE   CITY  OF  NEW  YORK.  371 

An    Ordinance    to     amend    section    530    of    the    Revised 
Ordinances  of  1897. 

§  530.  No  licensed  peddler,  vender,  haw^ker  or  huckster 
shall  be  allowed  to  cry  his  or  her  wares  within  250  feet  of 
any  school,  court-house,  church,  building  in  which  religious 
services  are  held  or  hospital  between  the  hours  of  eight 
o'clock  A.  M.  and  four  o'clock  P.  M.  on  school  days;  or  stop 
or  remain  in  Nassau  street,  between  Spruce  and  Wall 
streets;  or  in  Chambers  street,  between  Broadway  and 
Centre  street;  or  in  Fulton  street,  between  Broadway  and 
Pearl  street;  or  in  Avenue  A,  between  Houston  and  Seventh 
streets;  Park  row,  from  New  Chambers  to  Ann  street; 
Centre  street,  from  New  Chambers  street  to  Park  row,  and 
Nassau  street,  from  Park  row  to  Ann  street,  from  eight 
o'clock  A.  M.  to  six  o'clock  P.  M. 

Adopted  by  the  Board  of  Aldermen,  October  23,  1906. 

Approved  by  the  Mayor,  October  30,  1906. 

An  Ordinance  to  amend  sections  242,  248  and  249  of 
article  XIV  of  the  Revised  Ordinances  of  The  City 
of  New  York  of  1897. 

Be  H  Ordained  hy  the  Board  of  Aldermen  of  The  City  of  New 
York  as  follows: 

Section  1.  Sections  242,  248  and  249  of  article  XIV  of 
the  Kevised  Ordinances  of  The  City  of  New  York  of  1897, 
in  relation  to  "  Flagging,  Curbing  and  Repairing  Side- 
walks," are  hereby  amended  so  as  to  read  as  follows: 

§  242.  All  Greets  in  the  Boroughs  of  Manhattan  and  The 
Bronx,  of  twenty-two  feet  in  width  and  upward,  shall  have 
sidewalks  on  each  side  thereof  laid  with  granite  or  blue- 
stone  flagging,  or  artificial  stone,  in  full  accordance  with 
that  called  for  in  the  standard  specifications  for  this  work 
on  file  in  the  ofiices  of  the  Presidents  of  the  Boroughs  of 
Manhattan  and  The  Bronx. 

§  248.  No  sidewalk  or  any  part  of  a  sidewalk  laid  with 
granite  or  bluestone  flagging  or  artificial  stone  shall  here- 
after be  taken  up  or  the  granite  or  bluestone  flagging  or 
artificial  stone  removed  therefrom,  for  any  purpose  what- 
ever, in  the  Boroughs  of  Manhattan  and  The  Bronx,  without 
the  written  permission  of  the  President  of  the  Borough  of 
Manhattan,  or  the  President  of  the  Borough  of  The  Bronx, 
respectively,  as  jurisdiction  may  apply,  under  the  penalty 
of  twenty-five  dollars  for  each  offense;  but  the  provisions 
of  this  section,  unless  such  work  should  come  within  the 
limits  of  an  ordinance  of  the  Board  of  Aldermen,  shall  not 
apply  to  anj^  person  engaged  in  the  necessary  repairs  of 
any  such  sidewalk,  the  resetting,  when  necessary,  of  any 
curb  or  gutter  stones  that  may  have  become  displaced, 
broken  or  sunken,  or  the  necessary  repair  or  alteration  of 
any  coal  slide  under  any  such  sidewalk,  nor  shall  a  permit 
for  any  such  purpose  be  necessary. 


372        GENERAL   ORDINANCES  OF   THE   CITY   OF   NEW  YORK. 

§  249.  All  private  cartways,  crossing  any  of  the-  sidewalks 
ot  the  Boroughs  of  Manhattan  and  The  Bronx,  and  all  side- 
walks whatever  shall  be  paved  with  granite  or  bluestone,  or 
artificial  stone,  and  not  with  brick  or  with  round  or  paving 
stones,  under  th£  penalty  of  ten  dollars  upon  the  owner 
and  occupant  of  the  lot  in  front  of  which  such  cartway  or 
sidewalk  shall  be,  severally  and  respectively. 

§  2.    This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen,   October  23,  1906. 

Received  from  his  Honor  the  Mayor,  November  13,  1906,  without 
his  approval  or  disapproval  thereof;  therefore,  as  provided  in 
section  40  of  The  Greater  New  York  Charter,  the  same  took 
effect  as  if  he  had  approved  it. 

An  Ordinance  Providing  for  the  Removal  of  Buildings 
Along  and  Across  the  Highways  of  The  City  of  New 
York. 

Be  it  Ordained  by  the  Board  of  Aldermen  of  The  City  of  New 
York  as  follows: 

Section  1.  Section  269  of  the  Ordinances  of  The  City  of 
New  York,  adopted  October  30,  1906,  and  approved  Novem- 
ber 8,  1906,  is  hereby  amended  iDy  adding  thereto  at  the  end 
thereof  the  following: 

"  Such  permit  of  the  President  of  said  Borough  may  be 
granted  or  refused  by  him  in  his  discretion. 

"  No  person  shall  remove  or  cause  or  permit  to  be  re- 
moved, or  shall  aid  or  assist  in  removing,  any  building  into, 
along  or  across  any  street,  avenue,  lane,  alley  or  public 
place  in  The  City  of  New  York  without  the  permit  of  the 
President  of  the  Borough  in  which  such  street,  avenue,  lane, 
alley  or  public  place  may  be  situated,  under  the  penalty  of 
$250  for  each  offense." 

§  2.    This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen,  November  20,  1906. 
Approved  by  the  Mayor,  December  3,  1906. 

Resolution      Correcting      Clerical      Errors      in      Code     of 
Ordinances. 

Resolved,  That  the  Code  of  Ordinances  adopted  October 
30,  1906,  and  approved  by  the  Mayor  November  8,  1906,  be 
and  the  same  is  hereby  amended  in  the  following  par- 
ticulars, the  same  being  clerical  errors. 

In  section  113  of  article  2  of  chapter  5  of  Part  I,  strike 
out  the  words  '*  Police  Magistrate  or  Justice  "  and  "  Police 
Justice  or  Magistrate,"  and  in  each  instance  insert  in  lieu 
thereof  the  words   "  City  Magistrate  or  justice." 

In  section  291  of  article  4  of  chapter  6  of  Part  1,  strike 
out  the  words  "  Public  Works  "  and  insert  in  lieu  thereof 
the  words  "  Water  Supply,   Gas  and  Electricity." 

In  section  501  of  suladivision  11  of  chapter  13  of  Part  I, 
strike  out  the  words  and  figure  "  section  1  of." 


GENERAL   ORDINANCES   OF   THE   CITY   OF   NEW  YORK.  373 

In  chapter  13  of  Part  I,  renumber  subdivisions  "  8  and 
9  "  and  "  10  and  11,"  respectively,  "  10  and  11  "  and  "  8  and 
9,"  and  transpose  same  in  their  numerical  order. 

In  chapter  13  of  Part  I,  renumber  sections  502  to  524  of 
subdivision  12  so  that  said  sections  shall  read  509  to  531. 

In  section  78  of  article  2  of  chapter  4  of  Part  II,  and  in 
section  80  of  article  1  of  chapter  5  of  Part  II,  strike  out 
the  word  "  Police  "  wherever  it  appears,  and  insert  in  lieu 
thereof  the  word  "  City." 

In  section  55  of  chapter  5  of  Part  III,  strike  out  the 
words  "  Resolved,  That  there "  at  the  beginning  of  said 
section  and  insert  in  lieu  thereof  the  words  "  There  shall." 

In  section  50  of  chapter  5  of  Part  III,  strike  out  the 
words  "  Resolved,  That  each "  and  insert  in  lieu  thereof 
the  word  "  Each." 

In  the  following  enumerated  sections,  to  wit:  Sections 
22  and  26  of  chapter  1  of  Part  IX,  sections  6,  10,  11,  12  and 
13  of  chapter  1  of  Part  XI,  and  section  1  of  chapter  1  of 
Part  XIII,  strike  out  the  words  "New  York  City" 
wherever  they  may  appear,  and  insert  in  lieu  thereof  the 
words  "  The  City  of  New  York." 

Adopted  by  the  Board  of  Aldermen,  November  20,  1906. 
Approved  by  the  Mayor,      '  .vember  23,  1906. 

(The  above  are  incorporated  in  the  Code  as  herein  printed.) 

Resolved,  That  Section  37  of  article  4  of  chapter  1  of  Part 
II  of  the  Code  of  Ordinances,  adopted  October  30,  1906,  and 
approved  by  the  Mayor  November  8,  1906,  be  and  the  same 
is  hereby  amended  by  striking  therefrom  the  words  "  Police 
Justice,"  and  inserting  in  lieu  thereof  the  words  '*  City 
Magistrate." 

Adopted  by  the  Board  of  Aldermen,  November  13,  1906. 
Approved  by  the  Mayor,  November  14,  1906. 

An  Ordinance  to  amend  section  449  of  the  City  Ordinances 
adopted  October  30,  1906,  and  approved  November  8, 
1906,  relating  to  the  Rules  of  the  Road. 

Be  it  Ordained  by  the  Board  of  Aldermen  of  The  City  of 
New  York  as  follows: 

Section  1.  Section  449  of  the  City  Ordinances  adopted 
October  30,  1906,  and  approved  November  8,  1906,  is  hereby 
amended  so  as  to  read  as  follows: 

§  449.  Right  of  Way  of  Certain  Vehicles.— The  officers 
and  men  of  the  Fire  Department  and  Fire  Patrol,  with  their 
fire  apparatus  of  all  kinds,  when  going  to,  or  on  duty  at, 
or  returning  from  a  fire,  and  all  ambulances,  whether  of 
public  or  private  character,  and  all  other  vehicles  when 
employed  in  carrying  sick  or  injured  persons  to  hospitals 
or  other  places  for  relief  or  treatment,  and  the  officers  and 
men  and  vehicles  of  the  Police  Department,  and  all  phy- 
sicians who  have  a  Police  permit  (as  hereinafter  provided), 


374        GENERAL  ORDINANCES  OF  THE  CITY   OF   NEW  YORK. 

shall  have  the  right  of  way  in  any  street  and  through  any 
procession,  except  over  vehicles  carrying  the  United  {States 
mail.  The  Police  Department  is  hereby  empowered  to  issue, 
upon  application  therefor,  a  permit  for  such  right  of  way 
to  any  duly  registered  physician,  which  permit  shall  not 
be  transferable. 

§  2.    This  ordinance   shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen,  December  4,  1906. 

Approved  by  the  Mayor,  December  11,  1906. 

Amendments  to  Sanitary  Code,  Passed  by  Board  of  Health 
Since  January  1,  1906,  and  Filed  With  City  Clerk 
Under  Laws   1904,   Chapter  628. 

Resolved,  ITiat  Section  96  of  the  Sanitary  Code  be  and 
the  same  is  hereby  amended  so  as  to  read  as  follows: 

§  96.  The  owners,  lessees,  tenants,  occupants  and  man- 
agers of  every  building,  vessel,  or  place  in  or  upon  which  a 
locomotive  or  stationary  engine,  furnace  or  boilers  are 
used,  shall  cause  all  ashes,  cinders,  rubbish,  dirt  and 
refuse  to  be  removed  to  some  proper  place,  so  that  the 
same  shall  not  accumulate;  nor  shall  any  person  cause, 
suffer  or  allow  smoke,  cinders,  dust,  gas,  steam  or 
offensive  or  noisome  odors  to  escape  or  be  discharged  from 
any  such  building,  vessel  or  place  to  the  detriment  or 
annoyance  of  any  person  or  persons  not  being  therein  or 
thereupon  engaged. 

Every  furnace  employed  in  the  working  of  engines  by 
steam  in  any  building  shall  be  constructed  so  as  to  consume 
the  smoke  arising  therein  or  therefrom. 

Passed  by  the  Board  of  Health,  March  14,  1906. 

Filed  with  the  City  Clerk,  March  20,  1906. 

Resolved,  That  Section  56  of  the  Sanitary  Code  of  this 
Department  be  and  the  same  is  hereby  amended  so  as  to 
read  as  follows: 

§  56.  No  milk  shall  be  received,  held,  kept,  offered  for 
sale  or  delivered  in  The  City  of  New  York,  without  a  permit 
from  the  Board  of  Health  and  subject  to  the  conditions 
thereof. 

No  milk  which  has  been  heated,  pasteurized,  sterilized  or 
subjected  to  heat  in  any  manner  for  the  purpose  of  preser- 
vation, shall  be  received,  prepared,  held,  kept  or  offered  for 
sale  or  delivered  in  The  City  of  New  York,  unless  the 
receptacle  in  which  it  is  contained  bears  a  label  stating 
plainly  the  process  to  which  the  milk  has  been  subjected. 

Passed  by  the  Board  of  Health,   March  28,  1906. 

Filed   with   the   City  Clerk,   April  21,   1906. 

Resolved,  That  Section  178  of  the  Sanitary  Code  be  and 
is  hereby  amended  so  as  to  read  as  follows: 

§  178.  Spitting  upon  the  sidewalk  of  any  public  street, 
avenue,  park,  public  square   or  place  in  The  City   of  New 


GENERAL   ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  375 

York,  or  upon  the  floor  of  any  hall  in  any  tenement  house 
which  is  used  in  common  by  the  tenants  thereof,  or  upon 
the  floor  of  any  hall  or  oflice  in  any  hotel  or  lodging  house 
which  is  used  in  common  by  the  guests  thereof,  or  upon 
the  floor  of  any  theatre,  store,  factory,  or  of  any  building 
which  is  used  in  common  by  the  public,  or  upon  the  floor 
of  any  ferryboat,  railroad  car  or  other  public  conveyance, 
or  upon  the  floor  of  any  ferry  house,  depot,  or  station,  or 
upon  the  station  platform  or  stairs  of  any  elevated  rail- 
road or  other  common  carrier,  or  into  the  street  from  the 
cars,  stairs  or  platforms  of  the  elevated  railroads,  is 
hereby  forbidden. 

The  corporations  or  persons  owning  or  having  the  man- 
agement or  control  of  any  such  building,  store,  fac- 
tory, ferryboat,  railroad  car  or  other  public  conveyance, 
ferry  house,  depot  or  station,  station  platform  or  stairs  of 
any  elevated  railroad  or  other  common  carrier,  are  hereby 
required  to  keep  permanently  posted  in  each  of  said  places, 
a  sufficient  number  of  notices  forbidding  spitting  upon  the 
floors  and  calling  attention  to  the  provisions  of  this 
section. 

It  is  hereby  made  the  duty  of  every  corporation  or  per- 
son engaged  in  the  manufacture  of  cigars,  cigarettes  or 
tobacco,  or  conducting  the  business  of  printing  in  The  City 
of  New  York,  where  ten  or  more  persons  are  employed 
on  the  premises,  to  provide  proper  receptacles  for  expec- 
toration. Such  receptacles  are  to  be  in  proportion  of  one 
for  every  two  persons  so  employed,  and  they  are  to  be 
cleansed  and  disinfected  at  least  once  in  every  twenty- 
four  hours. 

A  copy  of  the  preceding  paragraph  must  be  kept  posted 
in  a  conspicuous  place  in  every  factory  or  printing  office 
mentioned  therein. 

Passed  by  the  Board  of  Health,  April  11,  1906. 
Filed  with  the  City  Clerk,  April  13,  1906. 

Resolved,  That  Section  75  of  the  Sanitary  Code  be  and 
the  same  hereby  is  amended  so  as  to  read  as  follows: 

§  75.  No  cattle,  sheep,  swine  or  calves  shall  be  driven 
in  the  streets  or  avenues  of  the  Borough  of  Manhattan 
without  a  permit  from  the  Department  of  Health,  except 
in  those  cases  where  the  said  cattle,  sheep,  swine  or  calves 
shall  be  landed  at  the  foot  of  the  street  leading  to  the 
slaughter-house  to  which  they  shall  be  destined,  and  where 
the  streets  shall  be  effectively  barred  or  closed,  so  as  to 
prevent  the  escape  of  such  cattle,  etc.,  during  the  transfer 
from  the  dock  to  the  slaughter-house.  No  cattle,  sheep, 
swine  or  calves  shall  be  landed  in  the  Borough  of  Man- 
hattan except  in  accordance  with  the  provisions  and 
restrictions  of  this  ordinance. 

No  cattle,  calves,  swine  or  sheep  shall  be  driven  in  the 
Boroughs   of   The  Bronx,   Queens   or  Richmond,   exqept  in 


376        GENERAL   ORDINANCES   OF   THE   CITY   OF   NEW  YORK. 

such   streets,   avenues   or   roads   as   shall   be   set   apart   and 
designated  by  the  Board  of  Health. 

Passed  by  the   Board  of  Health,  April  25,  1906. 

Filed  with  the  City  Clerk,   April  27,   1906. 

Resolved,  That  Section  70  of  the  Sanitary  Code  be  and 
the  same  hereby  is  amended  so  as  to  read  as  follows: 

§  70.  No  cattle,  sheep,  swine,  horse,  goat,  goose,  or 
mule,  or  any  dangerous  or  offensive  animal,  shall  be 
allov^'^ed  by  any  owner,  or  by  any  person  having  charge  of 
the  same,  to  go  at  large  in  any  street  or  public  place  in 
The  City  of  New  York. 

No  swine  or  cattle  shall  be  unloaded  from  any  car  upon 
any  street  or  public  place  in  The  City  of  New  York  except 
pursuant  to  a  permit  from  the  Board  of  Health. 

On  and  after  June  1,  1906,  no  cattle,  calves,  swine  or 
sheep  shall  be  driven  upon  any  public  street  or  avenue  in 
the  Borough  of  Brooklyn. 

Passed  by  the  Board  of  Health,   April  25,  1906. 

Filed  with  the  City  Clerk,   April  27,   1906. 

Resolved,  That  Section  70  of  the  Sanitary  Code  of  this 
Department  be  and  the  same  is  hereby  amended  so  as  to 
read  as  follows: 

§  70.  No  cattle,  swine  or  sheep  shall  be  driven  through 
any  public  street  or  avenue  in  the  Borough  of  Brookhn 
without  a  permit  from  the  Board  of  Health  in  writing,  and 
subject  to  the  conditions  thereof. 

Passed  by  the  Board  of  Health,  June  13,  1906. 

Filed  with   the  City  Clerk,   June  19,   1906. 

Resolved,  That  Sections  68  and  69  of  the  Sanitary  Code 
be  and  the  same  are  hereby  amended  so  as  to  read  as 
follows: 

§  68.  No  person  shall  have,  sell  or  offer  for  sale  in  The 
City  of  New  York,  any  food  which  is  adulterated  or  mis- 
branded.  The  term  food  as  herein  used  shall  include  every 
article  of  food  and  every  beverage  used  by  man,  and  all 
confectionery. 

Food  as  herein  defined   shall  be  deemed  adulterated: 

(a)  If  any  substance  or  substances  has  or  have  been 
mixed  and  packed  with  it  so  as  to  reduce  or  lower  or 
injuriously  affect  its  quality  or  strength. 

(b)  If  any  inferior  or  cheaper  substances  have  been 
substituted  wholly  or  in  part  for  the  article. 

(c)  If  any  valuable  constituent  of  the  article  has  been 
wholly  or  in  part  abstracted. 

(d)  If  it  consists  wholly  or  in  part  of  diseased  or 
decomposed  or  putrid  or  rotten  animal  or  vegetable  sub- 
stance, or  any  portion  of  any  animal  unfit  for  food,  whether 
manufactured  or  not,  or  if  it  is  a  product  of  a  diseased 
animal,  or  one  that  has  died  otherwise  than  by  slaughter, 


GENERAL   ORDINANCES   OF   THE   CITY   OF   NEW  YORK.  377 

(e)  If  it  be  colored  or  coated  or  polished  or  powdered, 
whereby  damage  is  concealed  or  it  is  made  to  appear  bet- 
ter than  it  really  is. 

(f)  If  it  contains  any  added  poisonous  ingredient,  or 
any  ingredient  which  may  render  such  article  injurious  to 
health;  or  if  it  contains  any  antiseptic  or  preservative  not 
evident  and  not  known  to  the  purchaser  or  consumer. 

(g)  If,  in  the  case  of  confectionery,  it  contains  terra 
alba,  barytes,  talc,  chrome  yellow,  or  other  mineral  sub- 
stance or  poisonous  color  or  flavor,  or  other  ingredient 
deleterious  or  detrimental  to  health;  or  any  vinous,  malt 
or  spirituous  liquor  or  compound  or  narcotic  drug. 

(h)  If,  in  the  case  of  spirituous,  fermented  and  malt 
liquors,  they  contain  any  substance  or  ingredient  not  nor- 
mal or  healthful  to  exist  in  such  liquors,  or  which  may 
be  deleterious  or  detrimental  to  health  when  such  liquors 
are  used  as  beverages. 

Food  shall  be  deemed  misbranded: 

(a)  If  it  be  an  imitation  or  offered  for  sale  under  the  dis- 
tinctive name  of  another  article. 

(b)  If  it  be  labeled  or  branded  so  as  to  deceive  or  mis- 
lead the  purchaser,  or  purport  to  be  a  foreign  product 
when  not  so;  or  if  the  contents  of  the  package  as  origin- 
ally put  up  shall  have  been  removed  in  whole  or  in  part 
and  other  contents  shall  have  been  placed  in  such  package; 
or  if  it  fails  to  bear  a  statement  9n  the  label  of  the  quantity 
or  proportion  of  any  morphine,  opium,  cocaine,  heroin, 
chloroform,  cannabis  indica,  chloral  hydrate,  or  acetani- 
lid,  or  any  derivative  or  preparation  of  any  such  sub- 
stances contained  therein, 

(c)  If  in  package  form  and  the  contents  are  stated  in 
terms  of  vs^eight  or  measure,  they  are  not  plainly  and  cor- 
rectly stated  on  the  outside  of  the  package. 

(d)  If  the  package  or  its  label  shall  bear  any  statement, 
design,  or  device  regarding  the  ingredients  or  the  sub- 
stances contained  therein,  which  statement,  design,  or 
device  shall  be  false  or  misleading  in  any  particular:  Pro- 
vided, That  an  article  of  food  which  does  not  contain  any 
added  poisonous  or  deleterious  ingredients  shall  not  be 
deemed  to  be  adulterated  or  misbranded  in  the  following 
cases: 

First.  In  the  case  of  mixtures  or  compounds  which  may 
be  now  or  from  time  to  time  hereafter  known  as  articles 
of  food,  under  their  own  distinctive  names,  and  not  an 
imitation  of  or  offered  for  sale  under  the  distinctive  name 
of  another  article,  if  the  name  be  accompanied  on  the 
same  label  or  brand  with  a  statement  of  the  place  where 
said  article  has  been  manufactured  or  produced. 

Second.  In  the  case  of  articles  labeled,  branded,  or 
tagged,  so  as  to  plainly  indicate  that  they  are  compounds, 
imitations,   or  blends,   and   the  word   "  compound,"   "  imitg,- 


378  GENERAL  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

tlon,"  or  "  blend,"  as  the  case  may  be,  is  plainly  stated  on 
the  package  in  which  it  is  offered  for  sale:  Provided,  That 
the  term  blend  as  herein  used  shall  be  construed  to  mean 
a  mixture  of  like  substances,  not  excluding  harmless  col- 
oring and  flavoring  only;  and  provided  further,  That 
nothing  in  this  section  shall  be  construed  as  requiring  or 
compelling  proprietors  or  manufacturers  of  proprietary 
foods  which  contain  no  unwholesome  added  ingredient  to 
disclose  their  trade  formulas,  except  in  so  far  as  the  pro- 
visions of  this  section  may  require  to  secure  freedom  from 
adulteration  or  misbranding. 

§  69.  No  person  shall  manufacture  or  produce  or  have, 
sell,  or  offer  for  sale  in  The  City  of  New  York  any  drug 
which  is  adulterated  or  misbranded.  The  term  drug  as 
herein  used  shall  include  all  medicines  for  external  or 
internal  use,  or  both.  Drugs  as  herein  defined  shall  be 
deemed  adulterated: 

(a)  If  when  sold  by  or  under  a  name  recognized  in  the 
United  States  pharmacopoeia  or  National  formulary,  it 
differs  from  the  standard  of  strength,  quality  or  purity  as 
determined  by  the  test  laid  down  in  the  United  States 
pharmacopoeia  or  National  formulary  official  at  the  time 
of  investigation;  Provided,  That  no  drug  defined  in  the 
United  States  pharmacopoeia  or  National  formulary  shall 
be  deemed  to  be  adulterated  under  this  provision  if  the 
standard  of  strength,  quality,  or  purity  be  plainly  stated 
upon  the  bottle,  box,  or  other  container  thereof  although 
the  standard  may  differ  from  that  determined  by  the  test 
laid  down  in  the  United  States  pharmacopoeia  or  National 
formulary. 

(b)  If  its  strength  or  purity  falls  below  the  professed 
standard  under  which  it  is  sold. 

A  drug  shall  be  deemed  misbranded: 

(a)  If  it  be  an  imitation  or  offered  for  sale  under  the 
distinctive  name  of  another  article. 

(b)  If  the  contents  of  the  package  as  originally  put  up 
shall  have  been  removed,  in  whole  or  in  part,  and  other 
contents  shall  have  been  placed  in  such  package,  or  if  the 
package  fails  to  bear  a  statement  on  the  label  of  the 
quantity  or  proportion  of  any  alcohol,  morphine,  opium, 
cocaine,  heroin,  chloroform,  cannabis  indica,  chloral 
hydrate,  or  acetanilid,  or  any  derivative  or  preparation  of 
any  such  substances  contained  therein. 

Passed  by  the  Board  of  Health,   September  19,  1906. 
Filed  with  the  City  Clerk,  September  21,  1906. 


GENERAL   ORDINANCES 

Addenda  to  January  1,  1908. 


An  Ordinance  to  Minimize  Danger  to  Passengrers  Boarding  and 
Alighting  from  Railroad  Cars  on  Broadway,  Between 
Fifty-nintli  and  Manhattan  Streets,  in  the  Borough  of 
Manhattan. 

Be  it  Ordained  by  the  Board  of  Aldermen  of  The  City  of  New  York 
as  follows: 

Section  1.  For  the  purpose  of  minimizing  danger  and  in  order 
that  passengers  may  more  conveniently  board  and  alight  from 
the  railroad  cars  operated  on  Broadway,  between  Fifty-ninth  and 
Manhattan  streets,  in  the  Borough  of  Manhattan,  the  railroad  com- 
pany, or  companies,  operating  cars  on  said  thoroughfare  shall  re- 
quire the  conductor  to  open  the  gate  on  the  rear  end  of  each  and 
every  car  on  the  side  nearest  the  parkways  or  small  parks  in  the 
centre  of  said  Broadway. 

§  2.  A  failure  on  the  part  of  the  company,  or  companies,  operat- 
ing cars  on  said  Broadway,  or  on  the  part  of  any  employee  or  em- 
ployees thereof,  to  comply  with  the  provisions  of  this  ordinance, 
shall  subject  the  company,  companies  or  other  persons  so  offend- 
ing to  a  penalty  of  twenty-five  dollars  for  each  and  every  failure 
so  to  do. 

§  3.  All  ordinances  or  parts  of  ordinances  inconsistent  or  con- 
flicting with  the  provisions  of  this  ordinance  are  hereby  repealed. 

§  4.     This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen,  February  26,  1907. 

Received  from  his  Honor  the  Mayor,  March  12,  1907,  without  his  approval 
or  disapprov-al  thereof;  therefore,  as  provided  in  section  40  of  the  Greater 
New  York  Charter,  the  same  took  effect  as  if  he  had  approved  it. 

An  Ordinance  Proyiding  for  the  Conspicuous  Numbering  of 
Buildings  in  the  Borough  of  Manhattan,  City  of  New 
York. 

Be  it  Ordained  by  the  Board  of  Aldermen  of  The  City  of  New  York 
OS  follows: 

Section  1.  The  owner  of  every  building  in  the  Borough  of 
Manhattan,  City  of  New  York,  upon  a  street  to  which  street  num- 
bers have  been  assigned  shall  cause  the  street  number  of  the  same 
to  be  plainly  and  legibly  displayed  in  such  manner  that  the  same 
may  be  seen  and  read  from  the  sidewalk  in  front  thereof. 

§  2.  Any  person  violating  this  ordinance  shall  be  liable  to  a 
penalty  of  $25,  to  be  recovered  in  an  action  which  shall  be  brought 
by  the  Corporation  Counsel  after  giving  thirty  days'  written  notice 


380         GENERAL    ORDINANCES    OF    THE    CITY    OF    NEW    YORK, 

to  the  owner  of  the  building  to  comply  with  the  ordinance.  Such 
notice  shall  be  given  by  depositing  the  same,  together  with  a  copy 
of  this  ordinance,  in  a  postpaid  wrapper  in  the  New  York  Post 
Office,  addressed  to  the  owner  of  the  building  at  the  building, 

§  3.  It  shall  be  the  duty  of  the  Police  Department  to  report  to 
the  Corporation  Counsel  all  violations  of  this  ordinance  forthwith. 

The  Corporation  Counsel  shall  furnish  the  Police  Department 
with  duplicates  of  all  notices  sent  to  the  owners  of  buildings,  and 
it  shall  be  the  duty  of  the  Police  Department,  immediately  after 
the  expiration  of  thirty  days  from  the  date  of  said  notice,  to  report 
to  the  Corporation  Counsel  each  instance  of  non-compliance  with 
the  ordinance, 

§  4.     This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen,  March  19,  1907. 
Approved  by  the  Mayor,  March  27,  1907. 

An  Ordinance  Regrnlating"  the  Placing:  of  Electric  Signs  in  The 
City  of  New  York,  and  Proyidingr  That  the  Same  Shall  Be 
Licensed. 

Be  it  Ordained  by  the  Board  of  Aldermen  of  The  City  of  New  York 
as  follows: 

Section  1.  Any  electric  letter,  word,  model,  sign,  device  or 
representation  in  the  nature  of  an  advertisement,  announcement 
or  direction  erected  at  right  angles  to  any  building  shall  be  deemed 
to  be  an  electric  sign, 

§  2.  Electric  signs  may  be  hung  or  attached  at  right  angles  to 
buildings,  and  extend  not  to  exceed  six  feet  therefrom  in  said  space, 
and  to  be  ten  feet  in  the  clear  above  the  level  of  the  sidewalk  in 
front  of  such  building,  upon  the  payment  of  an  annual  license  fee 
of  10  cents  for  each  square  foot  of  sign  space  or  part  of  square 
foot  of  such  sign  space,  to  be  collected  by  the  City  Clerk  of  The 
City  of  New  York,  The  square  feet  of  sign  space  on  one  side  of 
an  electric  sign,  however,  shall  be  deemed  to  be  the  entire  number 
of  square  feet  of  sign  space  for  the  purpose  of  computing  the  license 
fee  herein  referred  to  and  required  to  be  paid. 

All  electric  signs  shall  be  constructed  entirely  of  metal,  includ- 
ing the  uprights,  supports  and  braces  for  the  same,  properly  and 
firmly  attached  to  the  building,  and  shall  be  so  constructed  as 
not  to  be  or  become  dangerous. 

Before  any  permit  is  issued  by  the  City  Clerk  plans  and  state- 
ments of  the  proposed  sign  and  method  of  attachment  to  the  build- 
ing must  be  filed  with  the  Superintendent  of  Buildings  having 
jurisdiction,  as  provided  in  part  2,  section  4,  of  the  Building  Code, 
and  his  certificate  of  approval  be  obtained  as  to  the  sufficiency 
of  the  construction  and  method  of  attachment  to  the  building, 
A  certificate  must  also  be  obtained  from  the  Department  of  Water 
Supply,  Gas  and  Electricity  certifying  that  the  proposed  electric 
wiring  and  electric  appliances  are  in  conformity  with  the  rules 
and  regulations  of  that  Department. 

§  3,  No  certificate  shall  be  given  by  the  Superintendent  ot 
Buildings,  and  no  permit  shall  be  issued  by  the  City  Clerk,  for 
the  erection  of  electric  sign  or  signs  on  any  building  when  such 


GENERAL    ORDINANCES    OF    THE    CITY    OF    NEW    YORK.         381 

building  adjoins  a  building  occupied  exclusively  as  a  private  resi- 
dence, unless  the  written  consent  of  the  owner  or  owners  of  said 
private  residence  for  the  erection  of  such  electric  sign  be  first  ob- 
tained. 

§  4.  No  electric  sign  shall  be  placed,  hung  or  maintained,  ex- 
cept as  in  this  ordinance  provided,  under  a  penalty  of  ten  dollars 
for  each  offense,  and  a  further  penalty  of  ten  dollars  for  each  day 
or  part  of  a  day  the  same  shall  continue. 

§  5.  All  ordinances  or  parts  of  ordinances  inconsistent  or  con- 
flicting with  the  provisions  of  this  ordinance  are  hereby  repealed. 

§  6.     This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen,  April  30,  1907. 

Approved  by  the  Mayor,  May  7,  1907. 

Whereas,  The  Board  of  Aldermen,  at  a  meeting  held  April  30, 
1907,  adopted  an  ordinance  "regulating  the  placing  of  electric  signs 
in  The  City  of  New  York  and  providing  that  the  same  shall  be 
duly  licensed,"  which  ordinance  was  approved  by  the  Mayor  May  7, 
1907,  and  is  now  in  full  force  and  effect;  and 

Whereas,  Said  ordinance  exacts  that  certain  requirements  of 
the  Bureau  of  Buildings  and  the  Department  of  Water  Supply, 
Gas  and  Electricity  be  complied  with  before  the  necessary  license 
thereunder  can  be  issued  by  the  City  Clerk;  and 

Whereas,  Proper  compliance  with  the  provisions  of  the  ordi- 
nance and  determination  thereof  by  the  several  departments  af- 
fected require  a  reasonable  time,  therefore  be  it 

Resolved,  That  the  force  and  effect  of  the  said  ordinance  "regu- 
lating the  placing  of  electric  signs  in  The  City  of  New  York  and 
providing  that  the  same  shall  be  licensed"  be  and  hereby  are  sus- 
pended up  to  August  1,  1907,  in  order  that  persons  who  maintain 
such  signs  may  be  enabled  to  comply  with  the  provisions  of  said 
ordinance;  further 

Resolved,  That  the  Police  Department,  through  its  various 
precinct  commanders,  be  and  hereby  is  directed  to  inform  all 
persons  who  maintain  electric  signs  of  the  purport  of  this  resolu- 
tion and  that  upon  the  expiration  of  the  time  herein  contemplated 
the  provisions  of  the  penalty  clauses  of  the  said  ordinance  relating 
to  electric  signs  will  become  operative. 

Adopted  by  the  Board  of  Aldermen,  June  11,  1907. 
Approved  by  the  Mayor,  June  19,  1907. 

All  Ordinance  in  Eolation  to  the  Erection  of  Warning"  Signs 
to  Preserve  the  Peace  and  Quietude  of  Persons  Confined 
in  Hospitals  and  Like  Places  in  The  City  of  New  York. 

Be  it  Ordained  by  the  Board  of  Aldermen  of  The  City  of  New  York 
as  follows: 

Section  1.  The  several  Borough  Presidents  are  hereby  author- 
ized to  erect,  within  their  discretion,  on  lamp-posts,  or,  in  the 
absence  of  lamp-posts,  on  such  posts  as  they  may  find  occasion  to 
erect,  at  corners  of  intersecting  streets,  avenues  or  thoroughfares 
on  which  may  be  located  a  hospital,  lying-in  asylum,  sanatorium 
or  other  institution  reserved  for  the  treatment  of  the  sick,  a  sign 


382         GENERAL    ORDINANCES    OF    THE    CITY    OF    NEW    YORK. 

or  signs  displaying  the  words  "Notice — Hospital  Street,"  and 
such  other  warning  or  admonition  to  pedestrians  and  drivers  to 
refrain  from  making  any  or  such  noises  or  fast  driving  as  may 
tend  to  disturb  the  peace  and  quietude  of  any  or  all  of  the  inmates 
of  any  such  institution. 

§  2.  Any  person  guilty  of  making  any  unnecessary  noise  or  a 
failure  to  drive  at  a  speed  not  faster  than  a  walk  on  any  of  the 
streets,  avenues  or  thoroughfares  which  have  hereunder  been 
designated  as  "hospital  streets,"  and  for  which  such  warning  signs 
as  described  in  the  preceding  section  have  been  erected,  shall, 
upon  conviction  thereof  by  a  City  Magistrate  or  upon  a  confession 
of  guilt,  be  fined  in  a  sum  not  exceeding  ten  dollars  ($10),  and 
upon  a  failure  to  pay  such  fine,  to  imprisonment  in  the  City  prison 
for  a  term  not  to  exceed  ten  days. 

§  3.     This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen,  June  25,  1907. 
Approved  by  the  Mayor,  July  2,  1907. 

An  Ordinance  Amending  Section  277  and  280  of  the  Code  of 
Ordinances  of  The  City  of  New  Yorlc,  Adopted  October  30, 
1906,  and  Approved  November  8, 1906,  Relating  to  Sur- 
veyors^ Fees. 

Be  it  Ordained  by  the  Board  of  Aldermen  of  The  City  of  New  York 
as  follows: 

Section  1.  Section  277  of  the  Code  of  Ordinances  of  The  City 
of  New  (York,  adopted  October  30,  1906,  and  approved  Novem- 
ber 8,  1906,  hereby  is  amended  so  as  to  read  as  follows: 

§  277.  The  City  Surveyors  employed  by  any  Borough  Presi- 
dent shall  receive  compensation  for  their  services  as  follows,  and 
no  Surveyor's  bill  shall  be  paid  unless  the  same  be  first  certified 
by  the  Borough  President  employing  him: 

For  a  preliminary  survey  in  regulating  a  street  or  avenue  or  for 
making  a  country  road,  for  the  first  line  of  levels  five  cents  per 
linear  foot,  measuring  through  the  centre  of  the  street,  avenue  or 
road,  and  for  each  additional  line  of  levels  one  and  one-half  cents 
per  linear  foot,  to  be  measured  in  the  same  manner. 

For  grading,  when  done  alone,  eight  cents  per  linear  foot,  measur- 
ing through  the  centre  of  the  street  or  avenue. 

For  grading  and  setting  curb  arid  gutter,  when  done  under  the 
same  contract,  twelve  cents  per  linear  foot,  measuring  through 
the  centre  of  the  street  or  avenue. 

For  grading  and  setting  curb  and  gutter  and  flagging  or  paving, 
when  done  under  the  same  contract,  fourteen  cents  per  linear  foot, 
measuring  through  the  centre  of  the  street  or  avenue. 

For  setting  curb  and  gutter  alone  four  cents  per  linear  foot  along 
the  line  of  the  work  done. 

For  setting  curb  and  gutter  and  flagging  or  paving,  when  done 
under  the  same  contract,  but  not  in  connection  with  the  grading, 
twelve  cents  per  linear  foot,  measuring  through  the  centre  of  the 
street  or  avenue. 

For  flagging,  when  done  alone,  five  cents  per  linear  foot  along 
the  line  of  the  work  done. 


GENERAL    ORDINANCES    OF    THE    CITY    OF    NEW    YORK.         383 

For  fencing,  including  preliminary  survey,  five  cents  per  linear 
foot. 

For  making  a  country  road  fourteen  cents  per  linear  foot,  measur- 
ing through  the  centre  of  the  road. 

For  establishing  a  new  grade  line  one  and  one-half  cents  per 
linear  foot,  measuring  along  the  line. 

For  making  the  necessary  surveys  and  furnishing  all  necessary 
copies  of  damage  maps  in  street  opening  proceedings,  three  cents 
per  linear  foot,  measuring  along  the  exterior  line  of  the  street  or 
avenue,  and  along  all  interior  boundary  lines  of  each  parcel  in- 
cluded within  said  street  or  avenue  lines;  and  for  assessment  lists 
and  maps  for  street  openings  or  other  improvements,  three  cents 
per  linear  foot  of  map  front;  and  for  every  additional  copy  of  list 
and  map  required,  two  cents  per  linear  foot  of  map  front. 

A  Surveyor  employed  by  one  of  the  Borough  Presidents  to  make 
a  survey,  the  compensation  for  which  is  not  otherwise  provided, 
shall  receive  such  compensation  as  shall  be  agreed  upon  in  writing 
between  the  Surveyor  and  said  Borough  President,  before  the 
survey  or  work  be  undertaken,  and  after  the  completion  of  the  said 
survey  or  work  the  Surveyor's  bill  shall  be  certified  by  the  Borough 
President  in  accordance  with  the  terms  of  such  agreement. 

§  2.  Section  280  of  said  Code  of  Ordinances  hereby  is  amended 
so  as  to  read  as  follows: 

§  280.  A  Surveyor  shall  be  entitled  to  receive  fifteen  dollars 
for  every  certificate  for  payment  to  a  contractor  on  any  work 
done  by  contract  made  upon  public  advertising  and  letting,  which 
shall  be  paid  by  the  Borough  President  making  the  contract,  and 
except  as  herein  otherwise  provided,  no  Surveyor. shall  be  entitled 
to  any  payment  for  a  certificate  to  a  contractor. 

The  amount  so  paid  for  a  certificate  shall  be  deducted  from  the 
payment  to  be  made  to  the  contractor  on  account  of  the  work 
certified  to  be  done. 

§  3.  All  ordinances  and  parts  of  ordinances  inconsistent  here- 
with hereby  are  repealed. 

§  4.     This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen,  December  10,  1907. 

Received  from  his  Honor  the  Mayor,   December  31,   1907,  without  his  ap^ 

Sroval  or  disapproval  thereof;  therefore,  as  provided  in  section  40  of  the  Greater 
ew  York  Charter,  the  same  took  effect  as  if  he  had  approved  it. 

An  Ordinance  Regulating*  the  Matters  Provided  for  in  sec- 
tion 1481  of  the  Laws  of  1897,  as  Amended  by  Chapter 
466  of  the  Laws  of  1901,  Known  as  the  Greater  New 
York  Charter. 

Section  1481  being  one  of  the  sections  specified  under  the  title 
"The  Second  Schedule." 

"Section  to  remain  in  force  until  changed  by  the  Board  of  Alder- 
men." 

Be  it  Ordained  by  the  Board  of  Aldermen  of  The  City  of  New  York 
as  follows: 

Section  1.  It  shall  not  be  lawful  to  exhibit  on  the  first  day  of 
the  week,  commonly  called  Sunday,  to  the  public,  in  any  building, 
garden,  grounds,  concert  room  or  other  room  or  place  within  The 


384         GENERAL    ORDINANCES    OF    THE    CITY    OF    NEW    YORK. 

City  of  New  York,  the  performance  of  any  tragedy,  comedy,  opera, 
ballet,  farce,  negro  minstrelsy,  negro  or  other  dancing,  WTestling, 
boxing  with  or  without  gloves,  sparring  contest,  trial  of  strength, 
or  any,part  or  parts  therein,  or  any  circus,  equestrian  or  dramatic 
performance  or  exercise,  or  any  performance  or  exercise  of  jugglers, 
acrobats,  club  performances  or  rope  dancers.  Provided,  however, 
that  nothing  herein  contained  shall  be  deemed  to  prohibit  at  any 
such  place  or  places  on  the  first  day  of  the  week,  commonly  called 
Sunday,  sacred  or  educational  vocal  or  instrumental  concerts, 
lectures,  addresses,  recitations  and  singing,  provided  that  such 
above  mentioned  -entertainments  shall  be  given  in  such  a  manner 
as  not  to  disturb  the  public  peace,  or  amount  to  a  serious  interrup- 
tion of  the  repose  and  religious  liberty  of  the  community.  Any 
person  wilfully  offending  against  the  provisions  of  this  section, 
and  every  person  knowingly  aiding  in  sifch  exhibitions,  except  as 
herein  provided,  by  advertisements  or  otherwise,  and  every  owner 
or  lessee  of  any  building,  part  of  a  building,  grounds,  garden  or 
concert  room,  or  other  room  or  place,  who  shall  lease  or  let  out  the 
same  for  the  purpose  of  any  such  exhibition  or  performance,  except 
as  herein  provided,  or  assent  that  the  same  be  used  for  any  such 
purpose,  shall  be  subject  to  a  penalty  of  five  hundred  dollars,  which 
penalty  the  Corporation  Counsel  of  said  City  is  hereby  authorized, 
in  the  name  of  The  City  of  .New  York,  to  prosecute,  sue  for  and 
recover;  and  on  the  recovery  of  a  judgment  for  the  penalty  herein 
provided  for  against  any  manager,  proprietor,  owner  or  lessee 
consenting  to  or  causing  or  allowing,  or  letting  any  part  of  the 
building  for  the  purpose  of  any  exhibition  or  performance,  pro- 
hibited by  this  ordinance,  the  license  which  shall  have  been  previ- 
ously obtained  by  such  manager,  proprietor,  owner  or  lessee  is  of 
itself  vacated  and  annulled. 

§  2.     This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen,  December  17,  1907. 
Approved  by  the  Mayor,  December  19,  1907. 


Amendments  to  Sanitary  Code  from  September  19, 
1906,  to  January  1,  1908. 

Amendment  to  Section  96  of  the  Sanitary  Code  and  adding: 
new  Section  181. 

Section  96.  The  owners,  lessees,  tenants,  occupants  and  man- 
agers of  every  building,  vessel  or  place  in  or  upon  which  a  loco- 
motive or  stationary  engine,  furnace  or  boilers  are  used,  shall 
cause  all  ashes,  cinders,  rubbish,  dirt  and  refuse  to  be  removed 
to  some  proper  place,  so  that  the  same  shall  not  accumulate;  nor 
shall  any  person  cause,  suffer  or  allow  cinders,  dust,  gas,  steam  or 
offensive  or  noisome  odors  to  escape  or  be  discharged  from  any 
such  building,  vessel  or  place  to  the  detriment  or  annoyance  of 
any  person  or  persons  not  being  therein  or  thereupon  engaged. 

§  181.  No  person  shall  cause,  suffer  or  allow  dense  smoke  to 
be  discharged  from  any  building,  vessel,  stationary  or  locomotive 


GENERAL    ORDINANCES    OF    THE    CITY    OF    NEW    YORK.         385 

engine,  place  or  premises  within  The  City  of  New  York,  or  upon 
the  waters  adjacent  thereto,  within  the  jurisdiction  of  said  City. 
All  persons  participating  in  any  violation  of  this  provision,  either 
as  proprietor,  owners,  tenants,  managers,  superintendents,  cap- 
tains, engineers,  firemen  or  otherwise,  shall  be  severally  liable 
therefor. 

Passed  by  the  Board  of  Health,  December  19,  1906. 

Filed  with  the  City  Clerk,  December  22,  1906. 

Amendments  to  Sections  182  and  183  of  the  Sanitary  Code. 

Section  182.  No  cocaine  or  salt  of  cocaine,  either  alone  or  in 
combination  with  other  substances,  shall  be  sold  at  retail  by  any 
person  in  The  City  of  New  York  except  upon  the  prescription  of  a 
physician. 

§  183.  It  shall  be  the  duty  of  all  persons  having  in  their  posses- 
sion bottles,  cans  or  other  receptacles  containing  milk  or  cream, 
which  are  used  in  the  transportation  and  delivery  of  milk  or  cream, 
to  clean  or  cause  them  to  be  cleaned  immediately  upon  emptying; 
and  no  person  shall  use  or  cause  or  allow  to  be  used  any  such  re- 
ceptacle for  any  purpose  whatsoever  other  than  the  holding  of 
milk  or  cream,  or  receive  or  have  in  his  possession  any  such  re- 
ceptacle so  used  or  which  is  unclean  or  in  which  milk  or  cream  has 
been  allowed  to  stand  until  offensive. 

Passed  by  the  Board  of  Health,  January  28,  1907. 
Filed  with  the  City  Clerk,  January  31,  1907. 

Amendment  to  Section  45  of  the  Sanitary  Code. 

Section  45.  The  body  of  any  animal  or  any  part  thereof,  which 
is  to  be  used  as  human  food,  shall  not  be  carried  or  carted  through 
the  streets  or  avenues,  unless  it  be  so  covered  as  to  protect  it  from 
dust  and  dirt;  and  no  meat,  poultry,  game  or  fish  shall  be  hung 
or  exposed  for  sale  in  any  street  or  outside  of  any  shop  or  store, 
or  in  the  open  windows  or  doorways  thereof,  in  The  City  of  New 
York.  No  meat  or  dead  animal  above  the  size  of  a  rabbit  shall 
be  taken  to  any  public  or  private  market  to  be  sold  for  human 
food  until  the  same  shall  have  been  fully  cooled  after  killing,  nor 
until  the  entrails  and  feet  (except  of  poultry  and  game,  and  except 
the  feet  of  swine) ,  shall  have  been  removed. 

Passed  by  the  Board  of  Health,  March  22,  1907. 
Filed  with  the  City  Clerk,  March  23,  1907. 

Amendment  to  Section  79  of  the  Sanitary  Code. 

Section  79.  No  live  chickens,  geese,  ducks,  or  other  fowls,  shall 
be  brought  into,  or  kept,  or  held,  or  offered  for  sale,  or  killed,  in 
any  yard,  area,  cellar,  coop,  building,  premises,  or  part  thereof, 
or  in  any  public  market,  or  on  any  sidewalk,  except  upon  premises 
used  for  farming  in  unimproved  sections  of  the  City,  without  a 
permit  from  the  Board  of  Health  and  subject  to  the  conditions 
thereof. 

Passed  by  the  Board  of  Health,  March  27,  ]  007. 
Filed  with  the  City  Clerk,  March  30,  1907. 

25 


rf5b        GENERAL    ORDINANCES    OF    THE    CITY    OF    NEW    YORK. 

Amendment  to  Section  21  of  the  Sanitary  Code. 

Section  21.  For  all  lodging-houses  in  The  City  of  New  York  con- 
taining rooms  in  which  there  are  more  than  three  beds  for  the  use 
of  lodgers  or  in  which  more  than  six  persons  are  allowed  to  sleep, 
a  permit  from  the  Board  of  Health  shall  be  required,  and  no  person 
shall  have,  lease,  let  or  keep  any  such  lodging-house  or  the  lodgings 
therein,  or  assist  in  the  keeping,  hire,  or  assist  in  hiring,  or  conduct 
the  business  of  any  such  lodging-house,  or  the  lodgings  therein, 
except  pursuant  to  the  terms  and  conditions  of  such  permit.  The 
beds  in  all  lodging-houses  and  in  every  room  in  which  beds  are  let 
for  lodgers  shall  be  separated  by  a  passageway  of  not  less  than 
two  feet,  horizontally,  and  all  the  beds  shall  be  so  arranged  that 
under  each  of  them  the  air  shall  freely  circulate  and  there  shall 
be  adequate  ventilation. 

Four  hundred  cubic  feet  of  air  space  shall  be  provided  and  al- 
lowed for  each  bed  or  lodger. 

Lodging-houses  shall  be  conducted  in  accordance  with  rules 
and  regulations  adopted  from  time  to  time  by  the  Board  of  Health 
and  which  are  hereby  made  a  part  hereof. 

Passed  by  the  Board  of  Health,  April  10,  1907. 
Filed  with  the  City  Clerk,  April  15,  1907. 

Amendment  to  Section  66  of  the  Sanitary  Code. 

Section  56.  No  milk,  cream,  or  condensed  milk  (unless  such 
condensed  milk  is  in  hermetically  sealed  cans),  shall  be  received, 
held,  kept,  offered  for  sale  or  delivered  in  The  City  of  New  York 
without  a  permit  in  writing  from  the  Board  of  Health,  and  sub- 
ject to  the  conditions  thereof. 

No  milk  which  has  been  heated,  pasteurized,  sterilized  or  sub- 
jected to  heat  in  any  manner  for  the  purpose  of  preservation,  shall 
be  received,  prepared,  held,  kept,  or  offered  for  sale  or  delivered 
in  The  City  of  New  York,  unless  the  receptacle  in  which  it  is  con- 
tained bears  a  label  stating  plainly  the  process  to  which  the  milk 
has  been  subjected. 

Passed  by  the  Board  of  Health,  September  18,  1907. 
Filed  with  the  City  Clerk,  September  20,  1907. 

Amendment  to  Section  184  of  the  Sanitary  Code. 

Section  184.  No  person  other  than  a  licensed  physician  shall 
practice  midwifery  in  The  City  of  New  York  without  a  permit  of 
the  Board  of  Health  authorizing  such  practice,  and  no  person  unless 
authorized  by  law  to  do  so  shall  conduct  a  lying-in  hospital,  home, 
or  place  for  the  care  of  pregnant  and  parturient  women,  or  advertise, 
offer,  or  undertake  to  receive  and  care  for  them  at  such  place,  or 
at  his  or  her  home,  without  a  permit  from  the  Board  of  Health. 

Passed  by  the  Board  of  Health,  November  6,  1907. 
Filed  with  the  City  Clerk,  November  11,  1907. 

Amendment  to  Section  5  of  the  Sanitary  Code. 

Section  5.  The  word  "  physician  "  shall  include  every  person 
who  practices  about  the  cure  of  the  sick  or  injured,  or  who  has  the 


GENERAL    ORDINANCES    OF    THE    CITY    OF    NEW    YORK.         387 

charge  of,  or  professionally  prescribes  for,  any  person  sick,  injured 
or  diseased;  and  the  phrase  "infectious  disease"  shall  be  held  to 
include  all  diseases  of  an  infectious,  contagious  or  pestilential 
nature. 

Passed  by  the  Board  of  Health,  November  20,  1907. 
Filed  with  the  City  Clerk,  November  23,  1907. 

Amendment  to  Section  95  of  the  Sanitary  Code. 

Section  95.  No  fat,  tallow  or  lard  shall  be  melted  or  rendered, 
except  when  fresh  from  the  slaughtered  animal,  and  taken  directly 
from  the  places  of  slaughter  in  The  City  of  New  York,  and  in  a  con- 
dition free  from  sourness  and  taint  and  all  other  causes  of  offense 
at  the  time  of  rendering,  and  all  melting  and  rendering  must  be  in 
steam-tight  vessels,  and  the  gases  and  odors  therefrom  must  be 
destroyed  by  combustion  or  other  means  equally  effective,  and 
according  to  the  best  and  most  improved  means  and  processes; 
and  everything  preceding,  following,  and  in  connection  with  such 
melting  and  rendering,  and  the  premises  where  the  same  shall  be 
conducted,  must  be  free  from  all  offensive  odor,  and  other  cause 
of  detriment  to  the  public  health.  No  fat,  lard,  pr  tallow  shall  be 
brought  into  The  City  of  New  York  to  be  rendered  or  melted,  and 
none  shall  be  rendered  or  melted  that  has  come  from  any  place 
outside  of  said  City.  The  business  of  melting  or  rendering  fat, 
tallow  or  lard  shall  not  be  carried  on  or  conducted  in  The  City  of 
New  York  without  a  permit  from  the  Board  of  Health. 

Passed  by  the  Board  of  Health,  December  23.  1907. 
Filed  with  the  City  Clerk,  December  28,  1907. 

Amendment  to  Section  119  of  the  Sanitary  Code. 

Section  119.  No  person  shall  engage  in  the  business  of  trans- 
porting manure,  swill,  ashes,  garbage,  offal  or  any  offensive  or 
noxious  substance,  or  drive  any  cart  for  such  purpose,  in  The  City 
of  New  York,  without  a  permit  from  the  Board  of  Health. 

Passed  by  the  Board  of  Health,  December  31,  1907. 
Filed  with  the  City  Clerk,  January  4,  1908. 

Amendments  to  Park  Rules  to  January  1,  1908, 

'Sevf  Section  31  of  Park  Rnles  and  Regrulations. 

Adopted  in  Park  Board  of  the  City  of  New  York,  December  5, 
1907: 

The  Park  Board  does  hereby  establish  the  following  rule  and 
regulation  for  the  protection  of  the  public  parks  and  traffic  roads 
of  The  City  which  shall  be  known  as  Section  31  of  the  General 
Park  Ordinances,  Rules  and  Regulations,  Chapter  16  of  the  Code 
of  Ordinances  of  The  City  of  New  York: 

No  automobile  or  horseless  or  other  vehicle,  wearing  chains  over 
the  tires  of  their  wheels  shall  enter  the  public  parks  or  the  traffic 
roads  under  the  jurisdiction  of  the  Board  of  Parks,  without  permis- 
sion of  the  Commissioner  having  jurisdiction. 

This  rule  and  regulation  shall  take  effect  December  16,  1907. 

Filed  with  the  City  Clerk,  December  10,  1907. 


INDEX  TO  ADDENDA. 


Amusements.     (See  Sunday  Exhibitions.) 
Automobiles.     (See  Parks.) 

Electric  signs,  regulations  concerning 


1-5 


PAGE. 


380 


Hospitals,  signs  designating  "Hospital  Streets"  1-2 

Numbering  buildings 1-3 

Parks,  chains  on  wheels  of  automobiles  forbidden  1 

Railroads.     (See  Surface  Railroads.) 

Sanitary  Code: 

animals,  section  45  amended 45 

chickens,  section  79  amended 79 

cocaine,  sale  of,  forbidden  (new) 182 

fat,  section  95  amended 95 

garbage,  section  119  amended 119 

infectious  disease,  section  5  amended 5 

lodging-houses,  section  21  amended 21 

manure,  section  119  amended 119 

midwifery,  section  184  (new) 184 

milk,  section  56  amended 56 

milk  cans,  to  be  cleaned  (new) 183 

physicians,  section  5  amended '.  5 

smoke,  section  96  amended 96 

new  section  181 181 

Signs.     (See  Electric  Signs,  Hospitals.) 

Streets.     (See  Hospitals.) 

Simday  exhibitions,  regulated 1 

Surface  railroacfs,  regulations  as  to  opening 
gates   on    Broadway   cars   between   59th 

and  Manhattan  streets 1 

Surveyors,  city,  amending  sections  277  and  280  277,  280 


381 
379 
387 


385 
385 
385 

387 
387 
386 
386 
387 
386 
386 
385 
386 
384 
384 


383 


379 
382-383 


INDEX 


The  section  references  are  to  the  official  section  niimbers. 
(M.)  refers  to  Manhattan. 
(B.)  refers  to  Brooklyn. 


A.  SECTION.  PAOB. 

Accidents.     (See  Barriers  to  Prevent.) 
Advertising"  matter.     (See  Handbills.) 

Advertising  trucks,  in  Manhattan 41  281 

Advertisements,    indecent   pictures    as,    for- 
bidden    500     114,369 

where  prohibited  8^84  289 

Alarms  of  tire.     (See  False  Alarms  of  Fire.) 
Aldermen,  board  of: 

reports  of  committee,  how  made 3  2 

duties  of  Clerk  4-7  2-3 

Amendments  to  Code,  General  Ordinances,  . . .     363-374 

to  Sanitary  Code 374-375 

Aqueduct,   Croton,  regulations   of 285-8        64-65 

Areas:  (See  Obstructions,  Encroachments, 
Borough  Presidents,  Streets,  Side- 
walks). 

limits  of  180  38 

upon  Broadway  181  39 

penalty  for  violations 182  39 

upon  Fourteenth  street 183  40 

penalty  for  violation 184  40 

how  constructed    185  40 

ornamental  court-yards 192  41 

how  ordered  removed  221-3  48 

in  parks.     (See  Parks.) 
Ashes.     (See  Streets.) 

depositing  on  wooden  floors   (B.) 26  298 

Atlantic  Avenue  Railroad  crossing  (B.) ....  26  299 

Auctioneers: 

in  Manhattan: 

regulations   concerning   27-32    278-279 

penalties 33  279 

Automobiles  in  parks.     (See  Parks.) 
Automobiles: 

regulations  in  Manhattan 92-94    290-291 

using  streets.     (See  Rules  of  the  Road.) 
Averne-by-the-Sea,  special  ordinances  of . . . .        1-28    341-347 


380  INDEX. 

Awnings:      (See     Obstructions,     Encroach-  section. 
ments,  Borough  Presidents.) 

erection  of 252 

control  of  Borough  President  over 253 

owners  liable  for  damages  from 254 

license  for  may  be  revoked 255 

iron  posts,  how  built 256, 257 

penalty  for  violations 258 

present  awnings  not  affected 259 

Long  Island  City: 

regulations 11-19 

B. 

Balustrades: 

permit  for  erection  of 249 

erection  of 250,  251 

regulations  in  Long  Island  City 8-10 

sale  of  goods  upon,  prohibited 261 

Barber-poles: 

regulations  concerning 263-4 

removing     (see     Obstructions,     Encum- 
brances). 

Barriers  to  prevent  accidents: 

excavations  to  be  fenced 209 

vaults  and  sewers 210 

erection  of   211 

liability  of  persons  excavating 212 

penalties 213 

Borough  President  to  enforce 214 

contracts  to  contain  covenants  for,  215,  216,218 

lights  to  be  burned  at  night  on 215 

roads  to  be  fenced  when  dug 216-217 

Bathing:      (See  Nuisances.) 

in  Flushing 21 

in  Manhattan  38 

Baths.     (See  Public  Baths.) 

Bay-windows: 

permits  for 224 

applications  for  erection 225 

fees  for  permits -.  226-228 

not  to  exceed  three  feet 227 

filing  permits 228 

all  permits  revocable 229 

permits  for  reconstruction 230 

not  to  conflict  with  Building  Code 231 

permit  to  continue  existing 232 

fees  to  be  accounted  for 233 

penalty  for  violation 234 

removal  of 221-3 

in  parks.     (See  Parks.) 

Bicycles,  etc.,  in  parks.     (See  Parks.) 
in  streets.     (See  Rules  of  Eoad.) 

improper  use  of  streets 460-462 


55 

56 
56 
56 
56 
56 
57 

310-312 


55 

55 

310 

57 

58-59 


43 
44 
44 
45 
45 
45 

45-46 
45 

45-46 

322 

280 


48 
49 
49-50 
50 
50 
50 
50 
51 
51 
52 
52 
48 


107 


INDEX. 


381 


SECTION. 

Bill  boards,  theatrical  (B.) 81 

Billiard  tables: 

require  licenses.     (See  Licenses.) 

defined 355 

Blasting  of  rocks: 

regulations  in  Manhattan 85-87 

Long  Island  City 4CMt2 

Board  of  Aldermen.     (See  Aldermen.) 
Board  of  Commissioners  of  Sinking  Fund. 
(See  Sinking  Fund.) 

Bonds,  of  whom  required 476 

Bootblack  stands.     (See  Stands.) 
Booths.     (See  Stands.) 

Botanical  gardens  in  Bronx.  (See  Parks.) 
Borough  Presidents:  (See  Pavements,  Areas, 
Streets,  Sidewalks,  Vaults,  Monument 
Stones,  Sewers,  Obstructions,  Bay- 
windows,  Ornamental  Projections, 
Platforms,  Stoops,  Steps,  Barriers 
to  Prevent  Accidents,  Numbering 
Houses,  Moving  Buildings,  etc.) 
make  contracts  for  work,  materials  or 

supplies 84 

authorize  extra  work 85 

payments  under  made  by  warrants 86,87 

to  report  to  Board  of  Aldermen 88 

bids    required    for    all    contracts    over 

$1,000 89 

surveys  to  be  prepared  when  necessary,  89 

control    over    expenditures 90 

duties  as  to  encroachments  and  assess- 
ments    91 

may  grant  permits 92 

records  of  moneys  received 93 

removal  by,  of  encumbrances 94 

notes  as  to  

accounts   of    95 

encumbrances  removed  to  be  recorded..  97 

sale  of  removed  articles 98 

jurisdiction  over  corporation  yards 99 

may  temporarily  close  streets 100 

removing  certain   encroachments 221-3 

numbering    streets.       (See    Numbering 

Streets.) 
encumbrances  forbidden  (with  notes)  , .  219 

Brooklyn: 

permits  to  builders 1 

lights  and  guards 2 

gutter-bridges 3 

Long  Island  City: 

may  remove  obstructions 20 

Richmond.     (See  Richmond.) 


PAGE. 

308 


83 

280-290 
315 


110 


18 
18 

18 
19 

19 
19 
19 

19 
19 
19 
20 
20 
20 
20 
21 
21 
21 
48 


46 

291 

292 
292 

312 


382  INDEX. 

Bowling"  alleys:  section.  page. 
require  licenses.     (See  Licenses.) 

defined 354  83 

Bread,  sale  and  manufacture  of  (M.) 15-17  276 

Bridg-es,  injury   to    (B.) 80  308 

names  of   491  112 

over  g-utters,  regulations 523  119 

speed   on,   Brooklyn 77  308 

Broadway: 

projections  thereon  forbidden 181  39 

penalty  for  violation 182  39 

Building  Code: 

actions 151, 152    251,  253 

to  remove  violations 156  258 

aisles  and  passageways 108,109     215,216 

alcoves 46  187 

alterations 3,  4, 142     168,  240 

amusements,     places     of     public.     (See 
Theatres.) 

anchors  for  walls 41, 42  186 

for  wood  beams  and  girders 60, 61  193 

apartment  houses: 

definition 9  171 

regulations 53  189 

walls 31  181 

application  to  remove  violation  and  va- 
cate    156  258 

arches: 

and  lintels 42  186 

trimmer 64  194 

areas 56  191 

ashlar,  regulations 29  180 

asylums,  walls   of 31  181 

balconies.     (See  Piazzas.) 

base  courses 26  178 

bay-vsdndows 73  198 

beams: 

floor,  steel,  iron  and  rolled  steel..  117,120 

121     228,229 

wood 59,  60     192, 193 

strength   of  materials 139  230 

bearing  capacity  of  soil 23  175 

bearing  walls 28  179 

blinds.     (See  Shutters.) 

Board    of    Examiners 149  250 

boarding  houses.   (See  Lodging  Houses.) 

boilers  and  heating  furnaces 84  201 

bolting   structural  work 124  230 

braces  for  walls 41  186 

breweries,   walls   of 32  183 

brick: 

quality  of  13  172 

laying  of,  freezing  weather 28  179 


INDEX.  383 

Building-  Code  —  Continued:  section.  page. 

brickwork,  working-  stress 139  236 

builder  may  submit  plans,  etc 4  168 

Building  Code: 

title,  construction 1  168 

violations,  penalties 150, 152    250,  253 

buildings : 

must    be    built    as    Building    Code 

prescribes 3  168 

plans  for 4  168 

exhibitions 82  200 

fire    apparatus.     (See    Fire    Appa- 
ratus.) 
fireproof.     (See  Fireproof.) 
frame.     (See  Frame  Buildings.) 

heights  of 6  170 

width  of  7  170 

new  and  to  be  altered 3  168 

public 108  215 

walls  of 32  182 

raised,  lowered,  altered,  moved....  142  240 

unsafe.     (See  Unsafe  Buildings.) 

bulkheads  on  roofs  and  §cuttles 92  204 

buttresses.     (See  Piers.) 

cap  stones 28  179 

cast-iron.     (See  Iron.) 

cast-steel.     (See  Steel.) 

ceilings: 

cellar.... 68  192 

construction.       (See         Apartment 
Houses,       Fireproof       Buildings, 
Theatres,  etc.) 
protection  from  kitchen  stoves,  etc.      84-87    201,  202 

cellar  ceilings 58  192 

cement,  mortar 16  172 

chases  and  recesses  in  walls 46  187 

chimneys: 

above  roofs 30  180 

cupolas 67  195 

supports 66  195 

how  constructed 65  194 

churches.     (See    Public    Buildings,   Cel- 
lars, Floors.) 
walls  of 32  183 

club-houses,  walls  of 32  183 

columns: 

cast-iron 112  226 

double 113  227 

interior,  incasing 107  215 

open-back 115  227 

strength  of   138  235 

wood,  and  plates 61  193 


oo4  INDEX. 

« 
Building"  Code  —  Continued:  section. 

Commissioners  of  Buildings: 

approving  plans    4,  5 

bringing  suits 151 

computations     for     strength     of     ma- 
terials    136 

concrete 18 

working  strength  of 139 

connecting  structural  work 122 

cornices  and  gutters 91 

Corporation  Counsel,  to  bring  suit 151 

court,  proceedings,  unsafe  buildings...  155 

cupolas,  chimneys  of 67 

curtain  walls 37 

dangerous  buildings 157a 

debris,  removal  of,  under  fallen  build- 
ings    157 

demolishing  buildings.   (See  Buildings.) 
diagrams   of  theatre   exits.     (See  The- 
atres.) 

doors  and  shutters,  fireproof 104 

In  public  buildings 108 

double  columns 113 

drainage,       plumbing,       and       repairs 

thereto 141 

drawings,  furnished  with  plans 4 

drying-rooms 86 

ducts: 

for  pipes  70 

vent,  pipes  and  flues,  foul  air. .....  68 

hot  air 69 

dumb-waiter  shafts 97 

dwellings: 

cellar  floors 57 

entrance  to  basements 74 

of  certain  heights 53 

private,  definition 8 

walls,  thickness  of   31 

earth.     (See  Bearing  Capacity  of  Soil.) 
egress.     (See    Public    Buildings,     The- 
atres.) 
elevators : 

and  hoistways 95 

dumb-waiter  shafts 97 

in  existing  hotels 97 

Inclosures 96 

inspection    of    101 

screen  under  sheaves 100 

staircase  inclosures   98 

engineers'   stationary  ladders 76 

entering   buildings,    oflicers   of   depart- 
ment ma  y 160 

entrance    to   bftsepicnt ,..,..,, ,  74 


168-170 
251 

234 
173 
236 
229 
204 
251 
256 
195 
185 
260 

250 


210 
215 
227 

238 
16S 
202 

197 
196 
197 
207 

191 
198 
189 
171 
181 


205 
207 
207 
20<5 
207 
207 
207 
198 

261 
198 


INDEX. 


385 


Building  Code  —  Continued:  section. 

Examiners,  Board  of 149 

excavations 22 

exhibition  buildings   82 

extinguishers,  fire,  in  certain  buildings,  102 

factors  of  safety 137 

factories.     (See   Walls,   Cellars,   Floors, 
etc.) 

fences   of   wood 144 

filing  plans  and  statements 4 

fire  apparatus: 

auxiliary,  for  buildings 102 

extinguishers 102 

fireplaces.     (See  Chimneys.) 
fire  limits: 

Manhattan 143 

The  Bronx 143 

Brooklyn 143 

Queens 143 

ordinance  amending 143 

frame   buildings   outside 146 

within 144 

fire-escapes  103 

fireproof  buildings: 

general  regulations 105 

amended 105 

floors 106 

shutters  and  doors 104 

floors: 

In  certain  houses,  how  constructed,  53 

to  be  protected  from  boilers 84 

cellar  57 

fireproof 106 

in  theatres.     (See  Theatres.) 

lights 79 

loads   130 

to  be  distributed 131 

flues.     (See  Chimneys.) 
footings   of   foundations,   pressure  un- 
der    24 

foundations: 

regulations 25 

pressure  under  footings  of 24 

walls 26 

frame  buildings: 

,  definition  of 12 

outside  fire  limits 146 

within 144 

damaged 145 

where  streets  not  established 147 

framing     and     connecting     structural 

work 122 

fronts,  metal,  to  be  filled  in 128 

25 


PAGE. 

250 
174 
200 
208 
234 


245 

168 

208 
208 


241 
241 
241 
241 
369 
247 
245 
209 

211 
367 
212 
210 

189 
201 
191 
212 

199 
231 
232 


176 

176 
176 
177 

172 
247 
245 
246 
249 

229 
231 


386  INDEX. 

Building"  Code  —  Continued:                                   section.  pack. 

furnaces,  heating,  and  boilers 84  201 

furred  walls   47  ISN 

gas  stoves   87  20o 

g-as  and  water   pipes 89  201 

brackets   and   lights 89  203 

girders: 

and  lintels,  plates  under  ends  of...  119  228 
rolled      steel      and      wrought-iron 

beams 117  22^. 

steel  and  irbn 116  22S 

temporary  supports  of 133  234 

wood,  anchors  and  straps  for 60  193 

grain  elevators    81  200 

grillage  beams,  in  foundation  walls 26  ITS 

gutters,    cornices    and 91  204 

halls,   in  apartment  houses,   dwellings, 

etc 53  190 

heating  apparatus: 

notice  as  to 88  203 

furnaces   and  boilers 84  201 

pipes,  steam  and  hot  water 69  197 

hearths,    trimmer   arches   for 64  194 

heights  of  buildings  and  walls 6  170 

hoistways.     (See  Elevators.) 

hose,  fire,  in  certain  buildings 102  208 

hospitals.     (See    Walls,    Cellar,    Floors, 
Fire-escapes,   Fireproof  Buildings.) 

hot-air  flues,  pipes  and  vent-ducts 68  195 

hot-water  and  steam-heating  pipes 64  197 

hotels.  (See  Walls,  Cellars,  Floors, 
Fire-escapes,  Fireproof  Buildings, 
Public  Buildings,  etc.) 

definition  of  10  171 

elevators  in   existing 99  207 

incasing  interior  columns 107  215 

inclosures: 

elevator 96  200 

elevators  in   staircase 98  207 

walls  for  skeleton  structures 36  185 

inspection    of    elevators 101  207 

inspectors  of  plumbing  to  report 141  238 

iron: 

and  steel  girders 116  228 

and  steel  pin-connected  trusses 127  230 

cast,  columns  112  226 

cast,  lintels  118  228 

cast  and  wrought,  working  stress..  139  236 
or     steel     floor     beams,     templates 

under 121  229 

wrought,  and  steel  columns Ill  225 

rolled  steel  beams  on  girders..  117  228 


INDEX. 

Building"  Code  —  Continued: 

structural  steel  work  riveting'. . 

bolting" 

trusses   

riveted 

jurisdiction,  courts  having" 

ladders,  engineers'  stationary 

leaders  within  the  fire  limits 

lessee  may  submit  plans,  etc 

liabilities,  existing"  suits  and 

light  and  vent  shafts 

lights : 

floor 

gas 

sky 

lime  mortar   

lime  stone,  strength  of 

lining  existing  walls 

lintels,    arches   and 

cast-iron 

loads: 

floor 

to  be  distributed 

lodging-houses.  (See  Walls,  Cellar, 
Floors,  Fire-escapes,  Fireproof  Build- 
ings, etc.) 

machine   shops,    walls 

main  stud  partitions 

mansard  roofs 

marbles,   working    stress 

markets,  walls   of 

masonry  work,  safe  load  for 

materials: 

certain  weights   of 

new,  tests  of 

of  walls    

computation  for  strength  of 

structural 

measurements: 

of  heights  for  buildings 

for  widths  of  buildings 

metal  fronts,  iron,  etc.,  to  be  filled  in.. 

metal  work,  painting  of  structural 

metals,  working  stresses 

mills.     (See  Walls,  Fire-escapes.) 
mortar: 

cement 

cement  and  lime 

for  walls  and  ashlar 

lime 

new  buildings  and  buildings  to  be 
altered  


381 


noN. 

PAGE. 

123 

229 

124 

230 

128 

230 

126 

230 

151 

251 

76 

198 

94 

205 

4 

168 

161 

261 

48 

188 

79 

199 

89 

203 

78 

198 

15 

172 

139 

236 

39 

185 

42 

186 

118 

228 

130 

231 

131 

232 

32 

183 

51 

189 

90 

204 

139 

236 

32 

183 

134 

234 

135 

234 

20 

173 

27 

179 

136 

234 

21 

173 

6 

170 

7 

170 

128 

231 

129 

231 

139 

236 

16 

172 

17 

173 

30 

180 

15 

172 

168 


388 


INDEX. 


Building"  Code  —  Continued:  section. 
notice : 

as  to  heating  apparatus 88 

of  violation  of  Code 152 

office  buildings.     (See  Walls.) 

definition  of  11 

officers  of  department  may  enter  build- 
ings    160 

one-story  brick  buildings 35 

order  to  remove  violations  and  vacate,  156 

penalty  for  violation  of 150 

oriel,  bay  and  show  windows 73 

owner  to  submit  plans,  etc 4 

painting  of  structural  metal  work 129 

parapet  walls 43 

parish  buildings.     (See  Walls.) 
partitions.     (See    Fireproof    Buildings, 
Theatres.) 

brick  and  hollow  tile 49 

cellar,  in  residences 50 

main  stud   51 

partition  walls.     (See  Walls.) 
party  walls: 

existing 38 

posts 114 

penalties,  and  violations 150 

pedestrians,  coverings  to  protect 80 

piazzas  and  balconies 144 

piers 28 

piles.     (See  Foundations.) 
pipes: 

ducts  for   70 

gas  and  water 89 

heating,  steam  and  hot-water 69 

hot-air  flues   68 

stand,  in  certain  buildings 102 

places  of  public  amusements 109 

plans: 

to  be  filed 4 

what  to  contain 4 

plates: 

and  wood  columns 61 

between      joints      of      open      back 

columns 115 

under  ends  of  lintels 119 

platforms,  plans  of,  to  be  filed 4 

plumbers,  to  be  registered 141 

plumbing: 

drainage  and  repairs 141 

conform  to  Building  Code 3,  4 

Portland  cement.     (See  Cement.) 

posts,  party  wall 114 


185 
227 
250 
199 
245 
179 


197 
203 
197 
195 

208 
21G 

168 

168 

193 

227 

228 
168 
288 

238 
168 

227 


INDEX. 


389 


Building"  Code  —  Continued: 
pressure: 

wind 

under  footings  of  foundations 

private  dwellings: 

definition  of  

walls  for 

public  assembly  buildings: 

walls  of   

amusement,  places  of 

buildings 

quality  of  timber 

raised  buildings   

ranges  and  stoves 

recesses  and  chases  in  walls 

recovery  of  bodies  under  fallen  build- 
ings   

registers 

repairs: 

filing  plans  for 

to  plumbing  drainage 

repealing  section  

residence  buildings,  cellar  partitions  in, 
retaining-wall.     (See  Excavations.) 
riveting,  structural  steel  work,  etc.... 

riveted  steel  trusses,  etc 

roof  beams: 

rolled  steel,   etc 

loads  in 

roofing  and  leaders  in  fire  limits 

roofs,  bulkheads  on 

mansard 

rolled  steel  beams: 

as  girders 

floor  and  roof  beams 

rooms,  drying  

safe  load  for  masonry  work 

safety,   factors   of 

sand 

scaffolds.     (See  Shed  Coverings.) 
scenery.     (See  Theatres.) 
schools.     (See   Walls,    Fireproof   Buil(J- 
ings,  Fire-escapes,  etc.) 

screen  under  elevator  sheaves 

scuttles,  bulkheads  on  roofs  and 

seal 

service  of  papers 

sewers.     (See  Plumbing  and  Drainage.) 

cellars  connected  with 

shafts: 

dumb-waiters 

light  and  vent. 


SECTION. 

PAGE. 

140 

238 

24 

170 

8 

171 

31 

181 

32 

183 

109 

21G 

108 

2ir> 

19 

173 

142 

240 

87 

202 

46 

187 

157 

259 

85 

202 

4 

168 

141 

238 

163 

262 

50 

188 

123 

229 

126 

230 

120 

228 

130 

232 

94 

205 

92 

204 

90 

204 

117 

228 

120 

228 

86 

202 

134 

234 

137 

234 

14 

172 

100 

92 

159 

152 

207 
204 
261 
253 

54 

191 

97 

48 

207 

188 

390  INDEX. 

Building"  Code  —  Continued:  section. 

sheaves,  screen  under  elevator 100 

shed  coverings  to  protect  pedestrians . .  80 
show-windows.     (See  Bay  Windows.) 

shutters  and  doors,  fireproof 104 

sidewalks.     (See  Areas.) 

vaults  under 55 

sheds  to  protect  pedestrians  on....  80 

signs,  sky  signs,  etc 144 

skeleton  construction 110 

structures,  inclosure  walls  for 36 

skylights,  metal   78 

slate  and  stone  treads  of  stairs 77 

stopping  dangerous  work 157a 

stud  partitions,  main 51 

studded-ofE  spaces   71 

studios.     (See  Walls.) 

suits   and  liabilities,   existing 161 

supports: 

chimney 66 

temporary,   strength   of 133 

surveys  on  unsafe  buildings 154 

tanks 93 

tenements.     (See  Walls.) 

templates  under  ends  of  beams 121 

temporary  structures: 

wooden,  defined  and  regulated 144 

supports 133 

theatres: 

permits  for 109 

exits 109 

construction 109 

staircases  109 

uses 109 

partitions 109 

walls 109 

skylights 109 

fireproofing 109 

aisles 109 

landings 109 

standpipea 109 

fire   extinguishers    109 

lights 109 

•walls 32 

tile,  hollow  tile  partitions 49 

timber: 

for  trusses    62 

in  walls,  prohibited 52 

quality  of  19 

w^ork,  bolts  and  washers  for 63 

treads  of  stairs 77 


PAGK. 

207 
199 

210 

191 
199 
245 
225 
185 
198 
198 
260 
189 
197 

261 

195 
234 
255 
205 

229 

245 
234 

216 
217 
216-225 
217,  222 
218 
218 
219 
219 
220 
221 
222 
223 
224 
224 
183 
188 


189 
173 
193 
198 


INDEX.  391 

Building-  Code  —  Continued:                                  section.  page. 
trimmer: 

arches 64  194 

wood  beams  59  192 

trusses,  steel  and  wrought  iron 125  230 

riveted 126  230 

pin-connected 127  230 

timber  for 62  193 

unfinished  buildings,  walls  of 40  186 

unsafe  buildings: 

regulations 153  254 

court  proceedings   155  256 

surveys  on 154  255 

stopping  work  on 157a  260 

vaults    under    sidewalks 55  191 

vent: 

shafts 48  188 

ducts 68  195 

violations: 

service  of   notice 152  253 

removing 156  258 

and  penalties  150  250 

wainscoting 72  197 

walls 28  179 

constructed  under  Code 3  168 

curtain 37  185 

existing  party   38  185 

filing  plans  for 4  168 

for  dwelling  houses 31  181 

for  special  buildings  enumerated...  32  182 

furred 47  188 

hollow 44  187 

brick  on  inside  of 45  187 

inclosure,    for    skeleton    structures,  36  185 

increased  thickness  when 33  184 

in   fireproof   buildings... 105    211,367 

lining   existing    39  185 

materials  of   27  179 

measurement   of   height 6  170 

of    unfinished    buildings 40  186 

parapet 43  187 

recesses  and  chases  in 46  187 

reduced  thickness  for  interior 34  184 

strength  of  temporary  supports  for,  133  234 

tied,   anchored  and  braced 41  186 

timber   in,    prohibited 52  189 

water  pipes  89  203 

warehouses,  walls  for 32  182 

width  of  buildings,  measurements  for..  7  170 

wind  pressure   140  238 

windows,   bay 73  198 


392 


IXDEX. 


Building  Code  —  Continued:  bbction. 

wood: 

beams 59 

anchors  and  straps  for 60 

columns  and  plates 61 

woods,  working  stresses 139 

working  stress   of   various   materials..  139 

wrought  iron.  (See  Iron,  Steel,  Col- 
umns, Beams,  Girders,  Trusses, 
etc.) 

structural  material  21 

Building  materials:   (See  Streets,  Sidewalks, 
Obstructions,  Encumbrances.) 

in  streets,  regulations   211 

on  sidewalks 270 

Buildings,  moving  269 

Bureau  of  City  Kevenue  and  Markets.     (See 

Markets.) 
Bushwick    Avemie    Boulevard,    court-yards 

(B.) 71 

Cabs.     (See  Public  Hacks.) 

Canarsie  cemetery,  Brooklyn  74 

Cannons.     (See  Firearms.) 

Car  transfers 503 

Carriageways:      (See     Streets,     Sidewalks, 
Borough  Presidents.) 

paving  of 132-133 

citizens  may  pave 134 

sand  laid  over,  when 135 

rubbish  after  paving  to  be  removed. . . .  136 

penalty  for  refusal 137 

gas  companies  to  get  permits 138 

new  pavements  on,  regulations,  penal- 
ties, etc 139-143 

permits  necessary  for  removal  of  per- 
manent    144 

President  of  Borough  to  restore...  145 

to  remove  any  obstruction 146 

duty  of  President  of  Borough  to  guard,  147 

deposits  for 148-149 

payments  for  repaving 151 

Carts.     (See  Public  Carts,  Vehicles.) 

Carts,  using  public  markets.     (See  Markets.) 

Cellar-doors:    (See  Borough  Presidents.) 

dimensions  of 193 

entrance  to  cellars  guarded 194 

Long  Island  City: 

extent  of 3 

entrance  to , 4 


173 


44 

59,  370 
372 


300 


307 


114 


28 
28 
28 
28 
29 
29 

29-30 

30 
30 
30 
30 
31 
32 


41 
41 

309 
309 


INDEX. 


303 


Cellar-doors  —  Continued:  section.  page. 

liability  of  owner 5  310 

penalty  for  porches 6  310 

removal  of 221-3  48 

Circulars.     (See  Handbills.) 

City  bonds.     (See  Sinking  Fund.) 

City  Clerk  to  give  a  bond 479  110 

City  stocks.     (See  Sinking  Fund.) 
Cleaning  streets.     (See  Streets.) 
Coaches.     (See  Public  Hacks.) 

Coal,  sale   of,   regulated 390-391  91 

Coal,  sale  of,  in  Manhattan 18-19  276 

Coal  scalpers:    (See  Licenses.) 

defined 351  82 

Code.     (See  Sanitary  Code,  Building  Code.) 
Collector: 

of    Assessments    and    Arrears   to    give 

bonds 484  111 

of  City  Revenue  and  Superintendent  of 

Markets 485  111 

Collector  of  Assessments  and  Arrears,  fees 

of  77  14 

Columns.     (See  Ornamental  projections.) 
Commissioners    of    Public    Works    to    give 

bonds  482  111 

Comptroller: 

shall  be  member  Sinking  Fund 55  11 

duties  of,  with  city  stocks  and  bonds. 

(See  Sinking  Fund.) 
duties  with  city  real  estate.     (See  Real 

estate.) 
general  duties   of.      (See  Finance,   De- 
partment of.) 

bond  of , 477  110 

Common  shows: 

require  licenses.     (See  Licenses.) 

defined 352  82 

Coney  Island  cycle  paths.     (See  Parks.) 

Construction  of  ordinances,  notes 121 

Contracts     for     the     city:      (See     Borough 
Presidents,  Finance  Department.) 

supplies  to  be  furnished  by 509  115 

all  w^ork  to  be  done  by 509  115 

general  provisions   of    510-528     115-120 

covenants  in,  against  accidents 519  117 

for  property  subject  to  assessments...  527  120 

Contracts  for  work  for  Borough  Presidents. 

(See  Borough  Presidents.) 
Contracts,  on  public  works  to  contain  cov- 
enants as  to  accidents 218  46 

Corporation  Counsel: 

shall  draw  ordinances 8  8 


394  INDEX. 

Corporation  Counsel  —  Continued:  section. 

shall  draft  bills  for  the  Legislature 9 

shall  prepare  papers,  bring  suit,  etc 10-13 

bond  of 480 

Crooked  wood,  sale  of,  in  Manhattan 24 

Croton  Aqueduct,  regulations  concerning. .  285-8 

Cruising  by  hacks  forbidden 465 

Curb.     (See  Sidewalks.) 

D. 

Dealers  in  second-hand  articles: 

require  licenses.     (See  Licenses.) 

defined 341 

books  to  be  kept  by 342 

place  of  business 343 

restrictions  as  to  purchases 344 

lost  and  stolen  goods 345 

not  to  be  pawnbrokers  too 346 

nor  junk  dealer 346 

Decorations  at  City  Hall 493 

Defacing  sidewalks  forbidden  (M.) 84 

Delivery  of  supplies  in  parks.     (See  Parks, 

Vehicles  in.) 
Department  of  Parks.     (See  Parks.) 
Department      of      Health.     (See      Sanitary 

Code.) 
Department     of     Building.     (See     Building 

Code.) 
Department  of  Finance.     (See  Finance,  De- 
partment of.) 

Dirt,  dumping  in  streets  prohibited 404 

Dirt  carts: 

require  licenses.     (See  Licenses.) 

defined 356 

how  marked 357 

Discharge  of  fireworks,  forbidden. 531 

Distances,   how  computed 321 

Dog-snatching,  Brooklyn   76 

Drains.     (See  Sewers.) 

Drivers    of    vehicles.      (See    Public    Hacks, 
Public  Carts,  Kules  of  the  Road.) 

Drop-awnings,   regulations    concerning 263-4 

Dummy  engines.     (See  Surface  Railroads.) 

E. 

Edgewater,  special  ordinances  of 1-2 

Elevated    railroads:     (See    Stands,    Surface 
Railroads.) 
Manhattan: 

lights  in  stations 77 

dropping  oil,  grease,  etc 78 

guard  rails , 79 


93 


83 
83 

121 
73 

307 


58-59 


357 


287 
287 
287 


INDEX. 


305 


Encroachments  in  parks.     (See  Parks.)  section. 

Encroachments:    (See  Projections,  Obstruc- 
tions, Encumbrances.) 

notes  as  to 219 

to  be  reported 91 

removal  of    94 

Encumbrances:      (See     Obstructions,     Nui- 
sances,    Projections,     Streets,     Side- 
walks, Borough  Presidents.) 
to  be  removed  by  Borough  Presidents. .  94 

notes  as   to 94 

redemption  of 96 

sale  of 98 

penalty  for  encumbering  streets 219 

notes  as  to 219 

removal  of 221-3 

regulations,   Far   Rockaway 8-14 

Richmond  Hill 2 

Entrance  to  cellars.     (See  Cellar-doors.) 

Evidence,  notes  as  to 

Excavations:    (See  Barriers  to  Prevent  Ac- 
cidents,   Streets,    Sidewalks,   Vaults.) 
within  two  feet  of  monument  stones. .  109-113 
Explosives.     (See       Municipal       Explosives 
Commission.) 

Exposing  goods  for  sale 262 

Expresses.     (See    Public    Expresses,    Vehi- 
cles.) 
Exterior  hoists:     (See  Hoistways.) 

require  licenses.     (See  Licenses.) 358 

kinds  of  license 359 

warning  public a.  360 

F. 

False  alarms  of  fire:     (See  Nuisances.) 

in  Flushing 19-20 

Far  Rockaway 15 

Far  Rockaway,  fines  and  penalties 20-21 

Fences.     (See    Barriers    to    Prevent    Acci- 
dents, Partition  Walls.) 
Filth,  throwing  in  streets  prohibited......  404 

Finance,  Department  of: 
Comptroller,  duties  of: 

city's  real  estate "21 

leases,  deeds,  contracts,  etc 22-23 

collect    all    rents    and    money    due 

city 24 

maps  or  surveys 24 

moneys    due    city 25-26 

quit  rents  27,30-36 

consent    to    assignment    of    leases, 

etc 28 


46 
19 
20 


20 

20 

20 

21 

40 

46^7 

48 

333-334 

331 

121 

23-24 

57 


83 

83 

84 


321 

334 

335-336 


93 


4 
5 

5 

5 

5 

5-^ 


396  INDEX. 

Finance,   Department    of  —  Continued:  section. 

may  apportion  taxes 29 

borrowing  money 37,  38 

payments    only    made    on    proper 

vouchers 39 

Fire.     (See  False  alarms  of  fire.) 
Fire  department  hose.     (See  Hose.) 
Firearms:      (See  Nuisances,  Fireworks.) 

firing  of,  regulated 430 

amended 430 

carrying  loaded,  forbidden 431 

permits  to 432-434 

found  on  prisoners 433 

Manhattan: 

cannon 34,  35 

patent  cap   exploder 36 

selling  to   minors..^ 37 

Fireworks,  discharge   of,   forbidden 531 

Firewood,  sale  of,  in  Manhattan 22-24 

Fish,  sale  of  in  streets  (M.) 28 

Flagging   sidewalks.     (See   Sidewalks.) 

Flags,  at  City  Hall 493 

Flower  pots  in  windows,  Manhattan 42 

Fourteenth  street: 

projections  thereon   forbidden 183 

penalty  for   violation 184 

Fruit-skins: 

throwing  on  sidewalks 271 

ordinance  to  be  displayed  by  storekeep- 
ers   272 

Fruit  stands.     (See  Stands.) 


100 
365,  368 
102 
102 
102 

279 
279 
279 
121 
277 
278 

113 

281 

40 
40 

60 

60 


G. 

Garbage,  not  to  be  thrown  in  streets 404 

Gardens,  botanical,  in  Bronx.     (See  Parks.) 

Gas,  discharge  of,  into  sewers 

Gas  companies.     (See  Sewers,  Streets,  Side- 
walks, Excavations.) 
Gas    companies    must    obtain    permits    +o 

break  pavement  138 

Goods  for  sale: 

not  to  be  placed  on  balustrades 261 

where  may  be  exposed 262 

Grates  of  vaults.     (See  Vaults.) 
Guards  against  accidents.     (See  Barriers  to 
Prevent  Accidents.) 

Gutters,  bridges  over,  regulations 530 

Gutter-stones:      (See  Borough  Presidents.) 

laying  of  125 

regulating  .  .- 126 

vacant  lots 129-131 


370 


29 

57 
57 


120 

26 

26 
27 


INDEX. 


397 


H. 

Hacks.     (See  Public  Hacks.)  section. 

Handbills,  not  distributed  on  streets 408 

Hand-organs,  regulations  for  Manhattan. . . 

Hawkers.     (See     Peddlers,     Venders,     Nui- 
sances.) 

Hay:      (See  Weighers  of  Hay.) 

sale  of,  in  Manhattan 25 

Hay  bales,  marking  of   (B.) 79 

Health  Department.     (See  Sanitary  Code.) 

Heating  of  cars.     (See  Surface  Cars.) 

Hoists:      (See  Exterior  Hoists.) 

Long  Island  City,  regulated 21 

Hoist-ways,   regulations   concerning 263-4 

Horses:     (See  Rules  of  the  Road.) 
Manhattan: 

racing  forbidden  in 89-90 

bells  on  sleighs 91 

watering,  Brooklyn 75 

Hose  at  fires,  preventing  injuries  to  (M.) . . .       80,  81 

(B.) ...  27 

Hucksters.     (See  Peddlers.) 

Hydrants:      (See  Water.) 

penalty  for  taking  water  from 200 

for  interfering  with 204 

Croton  Aqueduct  not  to  be  molested...  288 

double,  penalty  for  using 291 

to  be  kept  closed 292 

may  use  for  streets 293 

Long  Island  City 1 

I. 

Ice  wagons,  in  Manhattan 88 

Illuminated  signs,  regulations  concerning..       263-4 

Immoral  pictures,  not  to  be  displayed 500-501 

section   500  amended 500 

Incumbrances.     (See  Encumbrances.) 
Iron,  steel,  etc.,  to  be  transported  without 

noise 529 

J. 

Junk  carts,  bells  on  (B.) 78 

Junk  dealers:      (See  Nuisances,  Hawkers.) 
require  licenses.     (See  Licenses.) 

defined 334 

books  to  be  kept  by 335 

place    of   business 336 

restrictions  as  to  purchase 337 

lost  and  stolen  goods 338 

not  be  pawnbrokers  too 339 

nor  dealer  in  second-hand  articles,  339 


PAGE. 

94 
39-280 


277 

308 


312 
58-59 


290 
290 
307 

288 
298 


42 
43 
65 
66 
66 


309 


290 

58-59 

114 

300 


120 


308 


79 
79 
79 
79 
79 
80 
80 


308  INDEX. 

Junk  dealers  —  Continued:                                     section.  page. 

carts  of ,  how  marked ^. . . .  340  80 

wearing  badges 377  88 

Jurors,  payment  of 492  112 

L. 

L»amp-posts,  placards  on,  forbidden  (M.) ....  82-83  289 
Lamps:      (See  Borough  Presidents.) 

penalty  for  tampering  with 297  67 

permits  for  removing 298  67 

ornamental  lamp-posts 299  67 

Licenses:  (See  Public  Carts,  Public 
Hacks,  Public  Expresses,  Junk 
Dealers,  Dealers  in  Second-hand 
Articles,  Peddlers,  Ticket  Specu- 
lators, Coal  Scalpers,  Common 
Shows,  Shooting  Gallery,  Billiard 
tables.  Dirt  Carts,  Hoists,  Stands.) 

Bureau  of 300,301  67 

to  be  recorded 302  68 

how  issued 303  68 

reports  of 304  68 

businesses  requiring 305  68 

penalties  for  violation 306,379  60,88 

duration  of  307  60 

fees  for 308  60 

renewals  of 309  70 

distribution  of  fees 373  87 

inspectors  of,  appointed 374  87 

duties   of   licensees.. 375  88 

complaints  against  licensees 378  88 

Lights.     (See  Rules  of  the   Road,  Barriers 
to  Prevent  Accidents,  Excavating.) 

Lights  in  stables  to  be  inclosed  (B.) 25  298 

Loaded  firearms.      (See  Firearms.) 

Loading  goods  on  sidewalks 443,  466     104, 108 

M. 

Materials  for  buildings: 

on  sidewalks   270  60 

in  streets 211  44 

Markets : 

duty  of  superintendent  of 78  14 

employees  of 79  15 

stalls  in 80  15 

places  designated  as  public  markets...  81,82  15 

carts,  removing  and  unloading  in 83a,  83d  17 

names  of  owners  to  be  painted  plainly,  83e  17 

carts  excepted 83f  18 

in  Brooklyn 83  16 

Mayor,  proclamation  for  arrest  of  criminals,  1  2 


INDEX. 


399 


SECTION. 

Measures.     (See  Weights  and  Measures.) 

Meetings  of  boards  shall  be  held  openly...  488 

Merchandise  for  sale 261-262 

Minors,  sale  of  pistols  to,  prohibited  (M.) . .  37 

Misdemeanors,  notes  as  to 

Moving  buildings,  under  President  of  Bor..  269 

ordinances  amending 269 

Monument  stones: 

not  to  be  altered 106 

duties  of  Borough  Presidents 107,108 

excavations  within  tvv^o  feet  of 109-113 

paving  within  two  feet  of 109-113 

Municipal  Explosives  Commission: 

who  constitutes 419 

regulations  as  to  explosives 420 

meetings 421 

may   issue  licenses 422-426 

penalty  for  violations 427 

regulations  as  to  vessels 428-429 

Musical  instruments,  in  Manhattan 39 

Musicians.     (See  Street  Musicians.) 


PAGE. 
112 

57 
279 
362 

59 
370,  372 

22 

23 

23-24 

23-24 

98 

98 

98 

98-99 

99 

100 

280 


N. 

Negligence,  notes  as  to 121 

New  Brighton,  special  ordinances  of 1-13     352-356 

Newkirk  avenue,  fence-line  privileges  (B.) .,  72  306 
Newspaper  stands.     (See  Stands.) 
Noises:      (See       Nuisances,       Blasting       of 
Rocks,  Venders.) 

forbidden  in  transporting  iron,  etc 529  120 

in  Long  Island  City 47  316 

Jamaica  .  . 2 

Rockaway       Beach.     (See       Rockaway 
Beach.) 
Nuisances.     (See  Noises,  Venders,  Streets.) 
Brooklyn: 

bathing 16  297 

gambling 17  298 

washing  carts  on  streets 18  298 

flying  kites 19  298 

bean  shooters 20  298 

throwing  stones 21  298 

false  fire  alarms 22  298 

lounging  on  streets 23  298 

posting' handbills 24  298 

penalties 15  297 

Manhattan 38-42     280-281 

Far  Rockaway: 

noises 1  332 

racing 2  332 


400  INDEX. 

Nuisances  — Contintied:  section. 

bathing 3 

posting-  advertisements 4 

Intoxication 5 

trades  wagons 6 

throwing-  stones 7 

Rockaway  Beach   1-28 

notes   as  to 

Nuisances  in  parks.     (See  Parks.) 

Numbering  houses,  Brooklyn 73 

Numbering  streets  and  buildings: 

numbering  and  renumbering  of 101-102 

penalty  for  changing  without  authority,  103 

notice  of  change 105 


PAGE!. 

332 
332 
333 
333 
334 
336-341 
121 

307 

21 
22 
22 


O. 

Obstructions:  (See  Encroachments,  En- 
cumbrances, Loading  Goods  on  Sidewalk, 
Borough  Presidents,  Streets,  Sidewalks.) 

Obstructions  in  streets: 

forbidden 219              46 

notes  as  to 46-47 

Flushing 9-13    319-321 

Richmond  Hill 1             331 

Rockaway  Beach   1-28    336-341 

Ocean  Parkway,  vehicular  traffic  on 363 

Official  bonds.     (See  Bonds.) 

Office  hours  of  public  officers 489            112 

Old  material.    (See  Sale  of  Waste  Material.) 

Ordinances,  legal  notes  as  to 121 

Ornamental  lamps,  regulations  concerning,  263-4        58-59 

Ornamental  projections: 

permits  to  be  issued  for 235              52 

applications  for   236              52 

fees   for   permits 237               53 

where  allowed 238              53 

filing  permits 239               53 

revocable 240              53 

for  buildings  erected  or  being  erected.  241              54 

reconstruction 242              54 

not  to  conflict  with  Building  Code 243              54 

fees  to  be  accounted  for 244              54 

penalty  for  violation 245              54 

Oysters,  sale  of.  Long  Island  City 48            316 

P. 

Paper,  throwing  in  streets  prohibited 404              93 

Parks,  rules  and  regulations: 

things  forbidden  within 1-30    262-267 

use  of  vehicles  within 1-14           267 


INDEX. 


401 


Parks,  rules  and  regulations  —  Continued:     section. 

Harlem  Kiver  driveway,  rules  of 1-6 

projections  on  Riverside  Drive 1 

trees  and  shrubs  in 1-9 

projections   w^ithin,   regulations 1-6 

line  of  curbs  within,  regulations 1-6 

Manhattan: 

areas  and  stoops  on  Fifth  avenue..  1 

grass  and  turf,  walking  on 3 

driving  four  horses 2 

concerts  in  Mall 4 

conservatories,  regulations 1-12 

Botanical  gardens,  Bronx  Park 1-10 

Ocean  Parkway    1 

Prospect  Park 1 

Coney  Island  cycle  paths 1 

Partition  fences.     (See  Partition  Walls.) 
Partition  walls,  regulations: 

Brooklyn 30-^3 

Long  Island  City 28-39 

Manhattan 43-55 

Paving.     (See    Barriers    to    Prevent    Acci- 
dents.) 
Paving  carriageways.     (See  Carriageways.) 
Paving  sidewalks.     (See  Sidewalks.) 
Paving,    within    two    feet    of    monument 

stones  109-113 

Payments,  made  by   Comptroller,    only  on 

proper  vouchers 39 

Peddlers: 

require  licenses.     (See  Licenses.) 

defined 347 

wagons  of,  how  marked 348 

badges  of,  when  worn 377 

Manhattan: 

regulations 1-9 

violations 9 

amendment 6 

Penalties:     (See  Specific  subjects.) 

gerueral  provisions    

Brooklyn 15 

Permits,   granted   by   Borough   Presidents, 

when  authorized 92 

Pictures,  immoral,  not  to  be  displayed 500-501 

Piers,  at  Wallabout  (B.) 82 

Pipes  for  sewers.     (See  Sewers.) 
Pistols.     (See  Firearms.) 

Placards,  where  forbidden  (M.) 82 

Platforms: 

erection  of   247 

continuance  of  present 248 

removal  of 221-3 

m 


PAGE. 

2G8 

268 

269-270 

270-271 

270-271 

271 
271 
271 
271 
272 
272 
273 
273 
273 


299-301 
313-315 
281-283 


23-24 

7 


81 
81 

88 

274r-275 
275 
371 

362 

297 

19 

114,  369 

309 


289 

54 
55 
48 


402 


INDEX. 


Pleading",  notes  as  to 

Pool-tables.     (See  Billiard-tables.) 

Porches:      (See  Ornamental  Projections.) 

forbidden  over  cellar-doors 246 

continuance  of  present 248 

Porch,  removal  of 221-3 

Porters.     (See  Public  Porter.) 

Porticoes.     (See  Ornamental  Projections.) 

Posts: 

permission  to  erect 220 

removal   of  221 

serving"  notice  for  removal 222 

penalty  for  refusal 223 

Port  Richmond,  special  ordinances  of 1-13 

Poultry,  sale  of,  in  Manhattan 20-21 

Presidents     of     Boroughs.     (See     Borough 
Presidents.) 

Projections.     (See  Ornamental  Projections.) 

Projections: 

on  Broadway.     (See  Broadw^ay.) 
on  Fourteenth  street.     (See  Fourteenth 
Street.) 

Projections  in  parks.     (See  Parks.) 

Prospect  Park.     (See  Parks.) 

Public  Administrator,  duties  of 14-20 

Public  baths  208 

Public  carts: 

require  license.     (See  Licenses.) 

definition  of 310 

to  display  official  numbers 311 

contracts   of   employment 312 

legal  rates 313 

lien   for   charges 314 

Public  expresses: 

require  license.     (See  Licenses.) 

definition  of ,  330 

hove  marked 331 

bonds  from  owners 332 

legal  rates  of  fare 333 

drivers  of,  to  be  licensed 315 

Public  hacks.     (See  Vehicles.) 

Public  hacks,  forbidden  to  "  cruise  " 465 

Public  hacks: 

require  license.     (See  Licenses.) 

drivers  of,  must  be  licensed 315 

definitions  of 316 

use  of  public  stands 317 

private  stands 318 

legal  rates  of  fare 319 

drivers'  badges 377 

ferriage  tolls 320 

computing  distance 321 


PAGE. 

121 


54 
55 

48 


47 
48 
48 
48 
347-352 
276-277 


4 
43 


70 
70 
70 
70 
71 


78 
78 
78 
78 
71 

107 


71 
71 
71 
72 

72 
88 
73 
73 


INDEX.  403 

Public  hacks  —  Continued:  section.  page. 

to  carry  number  of  license 322  73 

lost  property  in 323  73 

payment  of  far«s 324  73 

license  fees 308,  325  69,  74 

disputes  as  to  fares 326  74 

public  hack  stands 327  74 

"  L  "  and  subway  stations 328  76 

stands   in    Queens 328a  76 

fines  and  penalties 329  76 

Public  markets.     (See  Markets.) 

Public  porters: 

licensed  by  the  Mayor 329a  76 

duration   of  license 329b  77 

fees  for 329c  77 

display  license   numbers 329d  77 

legal  rates   329e  77 

how   recover   same 329f ,  S29g  77 

to  carry  articles  demanded 329h  77 

penalties 329i  78 

overcharges 329j  78 

penalty  for  misrepresentation 329k  78 

Public  wells.     (See  Wells.) 

Public  worship  in  streets,  regulations 494r-i99  113 

Pumps:      (See  Wells.) 

penalty  for  washing  near 205  43 

watering  horses  near 206  43 

Pumps,    washing  horses,   etc.,    near    (Long 

Island   City)    2  309 

Push-carts.     (See  Peddlers.) 

R. 

Racing  horses.     (See  Horses,  Nuisances.) 
Railroads.     (See    Elevated    Railroads,    Sur- 
face Railroads.) 
Railroads,   Manhattan.     (See  Surface  Rail- 
roads.) 
Rates,  legal,  for  hacks.  (See  Public  Hacks.) 

express.     (See  Public  Expresses.) 
Real  estate,  disposition  of  city: 

Comptroller  in  charge  of 40  7 

Comptroller,  duties  of,  with  city's 41-44  7-8 

quit  rents  may  be  commuted 45  8 

leases  made    46  8 

land  under  water,  how  granted 47-50  8-9 

piers  to  be  made  subject  to  Dock  De- 
partment    51  9 

Long  Island  excepted  from  sees.  50-51..  52  10 

Real  estate,  sale  of,  belonging  to  Sinking 

Fund 72-76        13-14 

Refuse,     (See  Streets.) 


404  INDEX. 

Removing  building-s.     (See  Moving  Buildings.) 
Repairing  sidewalks.     (See  Sidewalks.) 
Repairing  carriageways.     (See  Carriageways.) 
Reservoirs :  '      section. 

Brooklyn,  control  of 4 

Richmond: 

streets  and  sewers,  regulations 1-23 

sidewalks 24r-26 

fees  for  sewer  openings ., 

Riverside  Drive.     (See  Parks.)  • 

Road,  rules  of.     (See  Rules  of  the  Road.) 
Rockaway  Beach: 

general  regulations 1-28 

Rocks.     (See  Blasting  of  Rocks.) 
Rubbish.     (See  Streets.) 
Rules  of  the  road: 

method  of  driving  vehicles: 

keeping  to  the  right 435 

meeting 436 

overtaking 437 

turning   and    starting 438 

into  another  street 439,440 

crossing  streets  441, 446 

where  may  stop 442,  445,  447 

backing  on  sidewalks 443,  444 

surface  cars  stop  far  side 448 

amended ^  448 

right  of  way 448a 

of  certain  vehicles 449 

amended 449 

of   cars    450 

signals: 

in   slowing   up 451 

for  automobiles 452 

slow  vehicles 453 

speed: 

regulations  concerning 454r-457 

lights: 

regulations  concerning 458-459 

bicyclists  not  to  coast 460 

no  trick  riding 461 

nor  carry  child 462 

ages    of   drivers 463 

riding  back  of  vehicles 464 

sidewalks: 

no  driving  or  riding  on 466-469 

reasonable  care  to  be  used. 470 

blocking  traffic   * 471 

police  to  regulate  traffic 472 

posting  ordinance   473 

definitions 474 

penalties 475 


PAGE. 

292 

357-361 

361 

364-365 


336-341 


103 

103 

103 

103 

103 

104, 105 

104,105 

104,105 

105 

365 

105 

105 

373 

105 

106 
106 
106 

106 

106, 107 
107 
107 
107 
107 
107 

108 
108 
109 
109 
109 
109 
109 


INDEX. 


465 


s. 

Sale  of  bread.     (See  Bread.)  section.  page. 

Sale  of  waste  material,  how  made 490  112 

Sales  in  public  streets.  (See  Obstructions, 
Auctioneers,  Venders,  Peddlers, 
Nuisances,  Markets.) 

exposing  goods  for  sale 262  57 

Manhattan: 

sawdust 26  277 

salted   beef,   etc 28  278 

before  sunset    29  278 

crying-  wares  30  278 

dry  goods,   etc 31  278 

penalties 33  279 

Salt,  penalty  for  placing  on  car  tracks....  413  95 
Sanitary  Code: 

adulterations,   etc    65,68,69     136-138 

amendments 68, 69     376-378 

agents,  to  give  information 60  135 

alcoholic  spirits,  distilling  of 94  143 

animal  food: 

age   of    43  132 

matter,   putrid,  not  to   be   thrown 

into  streets,  sewers,  etc 102  145 

animals: 

dangerous    or    offensive 70  138 

section  70  amended 70  376 

body  to  be  used  for  food,  regula- 
tions    45  132 

not  to  be  kept  in  infected  places. .  72  139 

slaughtering  of    82,86,90     140,142 

sick 124  150 

dead,  not  to  be  thrown  into  streets, 

sewers,  etc 98,102,103,128     145,151 

not  to  be  skinned  in  street 131  152 

skinning,      glue-making,      etc., 

from 90, 91  142 

duties  of  contractors  for 9,114     124,148 

mad 132  152 

noisy 180  166 

driving  in  streets 75  139 

section  75  amended 75  375 

age  of,  whose  meat  may  be  sold...  43  132 

dead,  piers  and  docks  for 113,  114,115  148 

diseased 124,  125,  127, 150  151 

Injured  or  diseased,  how  killed 129  151 

with      hydrophobia      or      exposed 

thereto 132  152 

animal  substance,  deposit  of 100  145 

animals  not  allowed  at  large 70     138,376 

antitoxin 148  157 

apartments,  when  not  to  be  occupied,,  17,18  126 


406  INDEX. 

Sanitary  Code  —  Continued:  section. 

ash-boxes 108,  109,146 

ash-carts,    construction    of 121 

ashes,  meaning  of 2 

ashes: 

delivery  of,  to  carts 110 

removing  of 108 

not  to  be  sifted  in  street 118 

persons  engaged  in  removing..  Ill, 

114,  119, 121 

from  forges,  etc 96 

barber  shops,  regulations  for 179 

basins  to  have  proper  traps 33 

bath  room,   sleeping  in 18 

bathing  houses  at  seashore 26 

bedding: 

for  vessels 152, 157 

for  stables  Ill 

beverage,  beer  or  drink 51 

birds: 

unwholesome,  not   sold 42,  58 

mode  of  keeping 82 

offensive 128 

noisy 180 

births,  deaths  and  marriages: 

regulations 158-162 

assistants  at,  duties  of 159 

registry  and  reports  of 159,  160,161 

blacksmiths 96 

board,  meaning  of 1 

boarding-house : 

meaning  of 3 

no  poisonous  or  unwholesome  food 

or   drinks   in 47 

privies   or  water-closets  for 20 

not  to  be  overcrowded 19 

owners  of,  to  provide  for  health...  22 

sick  persons  to  be  reported .'.  150 

bone-boiling  and  grinding,  forbidden . .  90 

bones,  transporting  permit 101 

breadstuff,   exposing  in   street 46 

brine  not  to  escape  into  street 102 

Bronx,     certain     business     prohibited 

without   permit    91 

Brooklyn: 

slaughtering   animals   in 83 

certain    business    prohibited    with- 
out permit   91 

building: 

precautions  to  be  observed  in 118 

definition 10 

for    slaughtering    animals,    regula- 
tions    83 


PAGE. 

147 
150 
122 

147 
146 
149 

147-150 
143,  374 
16(1 
130 
120 
128 

158, 159 
148 
133 

131, 135 
140 
151 
166 

158-160 

159 

159-160 

143,  374 

121 

123 

132 
127 
127 
127 
157 
142 
145 
132 
145 

142 

140 

142 

149 
125 

140 


INDEX.  407 

Sanitary  Code  —  Continued:  section.  page. 
burial: 

mode  of  168  162 

returns  of,  to  be  made 163  161 

burning  material,  requires  permit Ill  147 

burying-  places.     (See  Cemeteries.) 
business: 

dangerous       or      detrimental      to 

health 88,92     141,143 

offensive,    requiring   permit 94  143 

butcher,  meaning  of 7  124 

butchers: 

require  permits  83  143 

to  allow  inspection 60  135 

to  keep  place  clean 85  141 

ice-boxes,  refrigerators,  etc 50  133 

offal  and  garbage 103, 121     145, 150 

refuse,  manner  of  transporting 87  141 

butter,  unwholesome  52  133 

calves,  young,  meat  from 43  132 

canals,  filth  not  to  be  discharged  into. .  38  131 

candies  and  confectioneries 46  132 

carelessness,    responsibility   for 8  124 

"Cargo   from    quarantine 153  158 

carpets 118  149 

cars,  railroad: 

one  in  four  to  be  closed 176  165 

speed  of,  on  curves 177  165 

carts  for  night-soil,  manure,  etc.,  con- 
struction and  use   of 120,121     149,150 

cats,  permit  to  keep  for  sale 80  140 

cattle,  horses,  etc 70     138,  376 

cattle,  meaning  of 7  124 

cattle: 

overheated,  diseased  or  feverish...  44  132 

diseased,  to  be  reported 44,  58     132, 135 

dangerous 70,  75     138,  375, 376 

how  transported   77  139 

permit   to   keep 72  139 

yarding  of    73  139 

diseased,  not  to  be  brought  in 124  150 

driving  in  street 70,  74     138, 139 

amendment 70  376 

mode  of  keeping  and  slaughtering,  82, 84  140 

unwholesome,    seizure    of 58  135 

calves,  slaughter  of 83  340 

ceilings  whitewashed  23  128 

cellar,   meaning    of 3  123 

cellars: 

regulations  concerning 17, 18  126 

permit  to  occupy  as  stable ,  70  139 

(Sleeping  in 1 1 « « .  t  18  126 


408  INDEX. 

Sanitary  Code  —  Continued:                                 sbction.  page. 
cemeteries: 

regulations 167  162 

persons   in  charge  of 169, 170  163 

food  not  to  be  sold  in 168  162 

cesspools: 

regulations 37  130 

not  to  be  emptied  except  by  permit,           122  150 
contents    of,    not    to    be    put    into 

streets  or  rivers 100,  104,106  145,146 

contents  of  to  be  disinfected 122  150 

offal,  ashes,  garbage,  etc.,  not  to  be 

put  into  105  146 

cheese,  unwholesome  52  133 

chickens,  permit  to  keep  live 79  140 

children,  when  not  to  attend  school...           145  150 

cholera 133  153 

churches,  duties  of  officers  of 25  128 

cigar  factories,  spittoons  to  be  provided,           178  165, 374 
cinders: 

definition   of    2  122 

from  forges,  factories,   etc 96  143 

amendment 96  374 

cisterns 104  146 

city,  etc.,  meaning  of 1  121 

clam  shells   112  148 

clergymen  to  report  and  register  mar- 
riages    158, 161  159, 160 

coal-dust 96,118  143,149 

374 

coal-yards 96  143,374 

concert  saloons 3  123 

condemnation  of  unsound  food 43,58  132,135 

confectionery 46,  68  132, 137 

consignees  of  vessels  to  report  persons 

sick 149  157 

contagious  and  infectious  diseases,  re- 
ports as  to. . . .  127,  133,  136,  137,  138,  140, 141  151, 154 

158 
contagious  disease: 

meaning  of 5  123 

to  be  reported 133, 144  151, 153 

156, 158 

persons  sick  with 140,  143,  154, 156  155, 159 

animals  sick 124  150 

articles  exposed  to 146  157 

children   sick  with,   not   to   attend 

school 145  156 

duties  of  undertakers  in  cases  of . .           141  155 

hospitals 140  155 

retaining  body   165  161 

contractor,  meaning  of 1  121 

contractors  to  comply  with  Code 9  124 

coroners , 171  163 


INDEX.  409 

Sanitary  Code  —  Continued:  section.  page. 

corpses 163,  167,  168  161, 162 

cows 91, 124  142 

cream,  adulterated   57  134 

crematories 167  162 

croup,  a  contagious  disease 141  15;! 

day  nurseries    25  128 

dead  bodies: 

interments,  sextons  167, 168  102 

not  to  be  exposed  after  contagious 

disease 141, 143  155, 156 

not  to  be  buried  without  permit...  167  162 

to  be  reported 166,170  162,163 

not  to  be  transported  without  per- 
mit    163  161 

not  to  be  unduly  retained  or  ex- 
posed    164,165  161 

dead  animals: 

not  to  be  thrown  into  streets,  etc..  128  151 

to  be  reported  and  removed 130  152 

certain  to  have  tag 126  151 

deaths,    marriages    and    births.      (See 
Births.) 

definitions 1,  7  121, 124 

department,  meaning   of 1  121 

diphtheria  antitoxin , . . .  148  157 

diphtheria,  a  communicable   disease...  133  153 

dirt  and  filth 87,  100,  111     141,  145, 147 

dirt: 

not    to    lie    piled    or    raked    up   in 

street 114  148 

in  street   117  149 

meaning  of 2  122 

removal  of   121  150 

diseases.     (See   Contagious.) 

what  to  be  reported 133,  135,137  153,154 

infectious,     contagious     and     com- 

tounicable 133  153 

isolation  rooms    140  155 

when  persons  sick  to  be  removed..  139  IG'i 

diseased  animals    124,  125, 130  150, 152 

disinfection  of  infected  premises 146  157 

dispensary,     to     report     certain      dis- 
eases    134,138  153-154 

distillers  require  permit 94  143 

docks  for  offal: 

and  night-soil    Ill,  113, 123  147, 150 

vessels  not  to  go  to 115  148 

dogs: 

noisy 180  166 

biting     any     persons     to    be     sur- 
rendered    132  152 

permit  to  keep  for  sale 80  140 


410 


INDEX. 


Sanitary  Code  —  Continued:  section.  page. 
drain  pipes  in  relation  to  joints,  con- 
nections, size  of,  etc 30,  31,  32  129, 130 

drain  materials  and  connections  not  to 

be  used  or  made 34,35  130 

drainage: 

arrangement  of   27  129 

not  to  discharge  into  streams 38  131 

drink    and    food 42-60  131-135 

drinks,  deleterious  and  detrimental ....  47,  51  132-133 
drugs,     medicines,     adulterations     and 

poisons 65-69  136-138 

amendments  to 68-69  376-378 

ducks 79  140 

dust  from  factories,  etc 96, 118     143, 149, 374 

dwellings,    lodging    houses    and    other 

buildings 16-26  126-128 

eggs 6  124 

elevated  railroad  stations  and  spitting 

in 178  165 

amendments  to  section  178 178  374 

excavations 107, 166  146, 162 

exposure  to  disease 143,145  15G 

false  statements 15  126 

farcy,  animals  sick  with 125  151 

fat,  rendering  of 93-95  143 

fat-boiling  .   . 91,95  142-143 

feathers 118  149 

fence,  for  lots  and  excavations 116  148 

fertilizers,    manufacture    of 91  142 

fevers 133  153 

filling  grounds,  etc 98  145 

filth  and  dirt 100,  111,122  147-150 

filth  not  to  escape  into  street 102, 121  145, 150 

fish,    meaning    of 6  124 

fish-boiling 91  142 

fish: 

not  fresh  or  sound 48,  58, 128  132, 135 

that  died  by  disease  or  accident. ...  42  131 

mode  of  keeping 82  140 

not  to  be  exposed,  etc.,  outside  of 

shops 45  132 

false  label  or  statement  as  to 48  132 

food  and  drink: 

regulations   concerning    42-60  131-135 

not   sell   unwholesome,   meagre   or 

sickly 43,47,68  132,137 

not  to  be  sold  in  cemeteries 168  162 

unsound,  mode  of  treating 58  135 

foundries 96  143, 374 

fowls: 

not  sound  or  offensive 58, 128  135 


INDEX. 

Sanitary  Code  —  Continued:  section. 

mode  of  keeping- 82 

that  died  by  disease  or  by  accident,  42 

permit   to   keep 79 

fruit 42,  49,  58 

funerals — contagious  diseases   141, 142 

furnaces  to  be  smoke-consuming 96 

garbage,  meaning  of 2 

garbage: 

not    to    fall    or    be    thrown    into 

streets,  etc 103 

docks  for   113,  115,  123 

boxes 108,  109,  120, 121 

not  to  be  mixed  with  ashes,  etc 108 

how  transported 119-123 

removal  of 110 

persons  engaged  in  transporting. .  114, 119 

loading  and  unloading Ill 

garbage-carts 120, 121 

garbage-scows,   construction   of 123 

gas,  not  to  be  objectionable 89,  96 

geese 70,  79 

glanders 125, 127 

glue-making 91 

goats 70 

goods,  damaged,  not  to  be  exposed  for 

sale 118 

grounds,  filling  up  and  opening 98,  99 

gutters: 

to  be  cleaned 39,40 

street  not  to  be  obstructed 117 

harbor,  filth  not  to  be  emptied  into 38 

heads  of  institutions  to  report  sick  per- 
sons    140 

health,  duties  in  respect  to 8 

hide-skinning,  etc.,  establishments 88 

hides  not  to  be  unloaded  without  per- 
mit    152 

hogs,  unloading  in  street 70 

horses: 

regulations 70,73,86 

sick 124, 125 

dead  body  of  to  have  tag 126 

hospitals,  contagious  diseases 140 

hotel-keepers,  etc.,  to  report  sick  per- 
sons    136 

house  drain,  to  be  kept  in  good  repair,  32 

hydrants 64 

hydrophobia 132 


411 

PAGE. 
140 

131 

140 
131,  135 

155 
143, 374 

122 


145 

148,  150 

146, 150 

146 

149-150 

147 

149 

147 

149 

150 

142, 143 

374 

138, 140 

376 

151 

142 

13S,  376 

149 
145 

131 
149 
131 

155 
124 
141 

158 
138,  376 

138-141 
376 

150-151 
152 
155 

154 
130 
136 
152 


412 


lN*t)EX. 


Sanitary  Code  —  Continued:  section. 
ice-box.     (See  Refrigerators.) 

infected  places  or  vessels 156 

infectious  disease   5, 133 

inspection: 

obstructing 12 

to  be  permitted 137 

inspector: 

may  destroy  adulterated  milk 54 

may      obtain      information      from 

butchers,  milk  dealers  and  others,  60 

institutions  to  report  sick  persons 140 

interments  require  permits 167 

lambs,  young,  meat  from 43 

lampblack  manufactory 94 

lard,  rendering  of 93,  95 

laws,    compliance  with 11, 12 

leather-dressing  establishments 88 

lessee: 

meaning  of 1 

duties  of    10 

liability  for  violation  of  Code 11-13 

light,   meaning   of 1 

lime 91, 118 

liquid,  noxious  and  stinking 102 

liquid  refuse: 

how  removed 108 

not  to  spill  or  leak 121 

liquids: 

ofeensive 88,  102, 104 

not  to  be  discharged  into  har- 
bor, etc 38 

false  statement  as  to 48 

lodging-house,  meaning  of 3 

lodging-houses: 

regulations 19,  21, 47 

food  in 47 

tenants,  lessees,  owners,  etc.,  of,  to 

report  persons  sick  in 150 

walls    and    ceilings    to    be    white- 
washed    23 

lodging-house   keepers    to   report    sick 

persons 150 

lots,  vacant,  to  be  properly  fenced 116 

mad  animals    132 

magistrates  to  report,  etc.,  marriages..  158 

manager,   meaning   of 1 

managers  of  institutions  to  report  sick 

persons 134, 138 

manufactory,  meaning  of 3 

manufactories : 

regulations 20,  21,  22,  89,  94 


PAGE. 

159 
123, 153 

125 
154 

134 

135 
155 
162 
132 
143 
143 
125 
141 

121 
124 
125 
121 
142, 149 
145 

146 
150 

141-146 

131 
132 
123 

127, 132 
132 

157 

128 

157 
148 
152 
159 
121 

153-154 
123 

127, 143 


INDEX. 


413 


Sanitary  Code  —  Continued:  section. 

no  overcrowding  of 19 

for  certain  purposes  not  to  be  es- 
tablished    94 

refuse  removed  from 95 

manure : 

persons  engaged  in  transporting. .     97, 119 

carts,  boxes,  etc 120 

care  in  transporting 97, 121 

where  not  to  be  deposited 100,111 

handling  of 97 

docks  for 113, 115 

market,  private,  meaning  of 7 

markets: 

unsound  articles  not  to  be  kept  in,  42 

to  be  kept  cleanly 49 

refrigerators  in  50 

marriages,     births     and    deaths.     (See 

Births.) : 158-162 

masters  of  vessels  to  report 149, 151 

measles,  a  contagious  disease 133 

meat: 

defined 6 

unsound    or    unwholesome 42,  43,  48,  58 

when  may  be  taken  to  market 45 

false  statement  of  label  as  to 48 

to  be  kept  clean  and  wholesome...  49 

offensive 128 

not  to  be  hung,  etc.,  in  street 45 

medicines,     false    names    and    poison- 
ous   65,66,69 

midwives 5, 159 

milk,  condensed   55 

milk   dealers    to    allow   inspection   and 

give  information 60 

milk: 

false  label  or  statement  as  to 48 

unwholesome,     impure     and     adul- 
terated    52,  53,  55,  58 

permits 56 

amendment  to  section  56 56 

mineral  waters,  filing  name  of,  etc 59 

misfeasance  and  nonfeasance 8 

mules 70 

negligence 8 

night-soil: 

docks  and  piers  for 113, 115 

handling  of    111,114 

not  to  run  into  streets  or  grounds,  104 

to  be  disinfected 122 

carts 121 


PAGE. 

127 

143 
143 

144. 149 
149 

144. 150 
145-147 

144 
148 
124 

131 
133 
133 

159-160 

157-158 

153 

124 
131-135 
132 
132 
133 
151 
132 

136, 138 
378 

123, 159 
134 

135 

132 

133-135 
134 
374 
135 
124 

138,  376 
124 

148 
148 
146 
150 
150 


414  INDEX. 

Sanitary  Code  —  Continued:  section. 

noises 180 

nonfeasance  and   misfeasance 8 

notices  not  to  be  torn  down  or  muti- 
lated    137 

nuisance: 

offensive  materials 98-118 

to  be  abated  within  time  specified,  13 

nurses 5,  159, 160 

obedience    to    ordinances 9,13 

occupant,  meaning  and  liability 1, 13 

occupations    detrimental    to   health    or 

dangerous 88,89,90 

odors  and  liquids,  ojffiensive 88,  89,  111 

offal: 

docks  for 113, 115 

removal  and  transporting.   111,  114, 120, 121 

handling  of ' 85,  87 

boiling 90,91 

not    to     be    thrown    into    sewers, 

streets,  rivers,  etc  85, 103 

offensive   materials,    88,    102,    103,    104,    105,  111 

120, 121, 122 

officer,  meaning  of 1 

officers  of  vessels  to  report...  140,151,152,155 

oil-boiling 94,  95 

ordinance,  obedience  to 9, 11, 14 

overcrowding 19 

owner,  meaning  and  duties  of 1, 10 

owner  and  tenant  jointly  and  severally 

liable 13 

owners  of  vessels  to  report  persons  and 

articles  from  infected  places 149,151 

oyster-house 112 

party,  meaning  of 1 

permit,  meaning  of 1 

permit: 

in  relation  to  contagious  matter..  143,152 

154, 156 

for  burials,  etc. 163,  165, 168 

to  keep  cattle,  fowls,  etc 71,  73,  79 

to  occupy  offal  or  night-soil  dock..  115 
to  transact  certain  kinds   of  busi- 
ness         88, 94 

for  vessels  or  things  from  quaran- 
tine     152, 153, 154, 155 

to  occupy  street  or  sidewalk 117 

for  scavengers 119, 122 

to  remove  filth,  offal,  etc..  87,  101,  110  111 

117,  122 
to  unload  cattle,  etc.,  in  streets. . .  .70,  73,  74 


PAGE. 

166 
124 

154 

145-149 
125 
123, 160 
124r-125 
121,  125 

141-142 
141, 147 

148 

147-150 

141 

142 

141-145 

141-150 
121 

157-159 
143 

124-125 
127 

121-124 

120 

157-158 
148 
121 
121 


156-159 

161-162 

139-140 

148 

141-143 

158-159 

149 

149-150 

141-150 
138-139 


INDEX. 


415 


Sanitary  Code  —  Continued:  section. 
horses  not  to  be  slaughtered  with- 
out    86 

to  use  street  sweepings  for  filling 

in  lot,  etc 98 

to  open  ground  containing  offensive 

matter 99 

to  use  w6ll  water 63 

to  keep  live  chickens  and  pigeons. .  79,  81 

to  keep  cats,  dogs  or  birds  for  sale,  80 

for  lodging-house 21 

for  smoke  house 16 

for  bathing  establishment 26 

for  mineral  waters 59 

for  slaughter-houses   83 

stable  in  cellar 76 

for  sale  of  milk  (amend) 56 

person,  meaning  of 1 

physician,  meaning  of 5 

physician: 

to    keep    registry    of    births    and 

deaths 159 

to  report  births  and  deaths 135,161 

deaths  by  contagious  disease..  135 

to  register  name  and  residence 166 

to   report    persons    sick    of    conta- 
gious disease • 133, 140 

piers  for  manure,  offal,  etc Ill,  113, 115 

pigeons,  permit  to  keep  in  built-up  por- 
tions  of   city 81 

pig-pens   97 

pigs,  young,  meat  of 43 

regulations  regarding 70,  83 

pipes,  waste  or  soil 30,  31,  32,  36 

platforms  of  elevated  railroad,  spitting 

on 178 

poisons ;  66,  68 

poultry,  exposing  in  street 45 

principals  of  institutions  to  report  per- 
sons sick 140 

privies: 

contents    of,    not    to    be    left    in 

streets   or  rivers 100,  104, 106 

not  to  be  emptied,  except  by  per- 
mit    122 

construction   of    37 

ashes,  garbage,  offal,  etc.,  not  to  be 

put  into 105 

tubs,  etc.,  in,  to  be  tight 106 

to  be  provided  in  certain  buildings,  20 

public  place,  meaning  of 2 

quarantine,  vessels,  persons  and  articles,  153 


141 

145 

145 
136 
140 
140 
127 
120 
128 
135 
140 
130 
134,  374 
121 
123 


159 

154, 160 

154 

162 

153-155 
147-148 

140 

144 

132 

13&-140 

129-130 

165,  374 

137,  376 

132 

155 


145-146 

150 
130 

146 
146 
127 
122 
158 


416  INDEX. 

Sanitary  Code  —  Continued:  section. 

Queens: 

driving"  cattle  in,  etc 75 

burying-  body  in 168 

certain  business  in,  prohibited  with- 
out permit   91 

rag's,  unloading  from  vessels 152 

railroad: 

cars,  regulations  for  cleaning  and 

using- 172, 173 

stations,    spitting  in 178 

rain-v\rater  leaders    35 

rain  water,  not  to  enter  building 24 

receptacles: 

in  privies,  etc 106 

for  garbage,  ashes,  etc 108,121 

refuse: 

materials 102-111 

removal  of   119-123 

registry     of     births,     marriages     and 

deaths 158,  159, 161 

regnlation,  meaning  of 1 

regulations,  special,  to  be  observed 11,12 

reporting  contagious  disease,  by  whom,  133, 141 

rendering,  fat,  etc.,  regulations 93,95 

report,  meaning  of 1 

reports  required 125,  127,  130,  131,  134,135 

136,  137,  138,  140,  141,  149,  150,  151,  158,159, 

166, 171 

reservoirs 61 

Richmond,   certain  business  prohibited 

in  without  permit 91 

rivers : 

drainage  into 38, 100 

substances  not  to  be  thrown  into..  106 

roof: 

repair  of 24 

straw,  etc.,  not  to  be  placed  on 111 

rooms,  when  not  to  be  occupied 18 

rubbish,  meaning  of 2 

rubbish: 

not  to  be  thrown  into   streets  or 

rivers 100 

to  be  bundled 108 

not  to  be  piled  or  raked  in  street. .  114 

removal    of    110,  111,  120, 121 

docks   for    113,115 

persons  engaged  in  transporting..   114,119 

boxes 108 

saloon,  meaning  of 3 

saloons,  and  persons  connected  there- 
with       47 


PAGE. 

139,  375 
162 

142 

158 


164 

165,  374 

130 

128 

146 
146, 150 

145-147 
149-150 

159, 160 
122 
125 

153, 155 
143 
122 


136 

142 

131, 145 
146 

128 
147 
126 
122 


145 
146 
148 

147, 149 
148 

148, 149 
146 
122 

132 


INDEX.  417 

Sanitary  Code  —  Continued:  section.  page. 

sand 118  149 

Sanitary  Code,  compliance  with 12, 13  125 

scarlet  fever    133  153 

scavengers,  permits  of 119  149 

schools,  sick  children  not  to  attend 145  156 

school-sinks 37  130 

scouring  establishments 88  141 

scows,  garbage  123  150 

scrap : . .  91,  93  142, 143 

seashore,  bathing  regulations 26  128 

sewage,  where  not  to  be  discharged. ...  38  131 
sewers: 

solid  matter  not  to  pass  into 39,  89  131, 142 

connections,  flushing,  etc 27,28  129 

sextons 167,  169,170  162,163 

sheep: 

regulations  concerning 70,  73,  74  138, 139 

slaughter  of 83, 84  140 

shell  burning 91  142 

shells,  oyster  and  clam 112  148 

sick  persons: 

removal  of 143,  154, 155  156, 158 

report  of 133, 151  153, 158 

sidewalks,  how  used 40, 41, 74  131, 139 

sinks: 

contents    of,    not   to    be    put   into 

streets  or  rivers 100,  105,106  145,146 

to  have  proper  traps 33  130 

not  to  be  emptied,  except  by  per- 
mit    37, 122  130, 150 

construction   of    37  130 

contents  of,  not  to  become  offens- 
ive    107  146 

to  be  disinfected 122  150 

not  to  be  filled  with  dirt  till  emp- 
tied of  filth  104  146 

offal,  ashes,  garbage,  etc.,  not  to  be 

put  into 105  146 

skinning  animals,  business  of 88  141 

skins 152  158 

skylight,  repairing  of 24  128 

slaughter-houses,  use  of  regulated 82,83,85  140 

slaughtering: 

cattle,  mode  of 82,83  140 

of  horses 86  141 

small-pox 133  153 

•    smoke-house 16  126 

smoke  from  factories,  etc 96  143 

amended 96  374 

soda  water,  syrup  or  liquids »....  51  133 

27 


418  INDEX. 

Sanitary  Code  —  Continued:  section.  page. 
soil  pipes: 

in  relation   to   joints,    connections, 

size,  etc.,  of 29,30,31,33  129 

ventilation  of 36  13iJ 

special  regulations,  meaning  of 1  122 

special  regulations  to  be  observed 11,12  125 

spirits,  alcoholic,  distilling  of 94  143 

spitting,  in  certain  places  forbidden 178  105 

amended 178  374 

stables 97  144 

to  be  kept  clean 72, 97  139 

animals  in 180  160 

in  cellar,  permit  for 76  139 

inflected,  no  animal  to  be  kept  in..  72  139 

stalls,  etc.,  in  market  to  be  clean 49  133 

steam  from  factories 96  143 

amended 96  374 

straw  used  as  bedding Ill  148 

street,  naeaning  of 2  122 

streets: 

certain  articles  not  to  be  shaken  or 

exposed  in    101  145 

mode   of  cleaning 39  131 

dirt,  brick,  etc.,  in 117  149 

offensive  substances  falling  in 121  150 

offensive  substances  not  to  be  de- 
posited in  100,  102,104  145 

not  to  be  obstructed 78  140 

dirt  or  rubbish  not  to  lie  piled  or 

or  raked  up  in 114  148 

swill: 

not  to  escape  into  street 102  145 

how  removed  119,  120, 121  149 

boiling 91  142 

swill  milk   52  133 

swine: 

regulations 70,  73,  83     138, 139 

140 

sick,  not  to  be  brought  in 124  150 

tallow  boiling  and  rendering 91,  95  143 

tanks,    certain    connections    not    to    be 

made 34  130 

tanning   establishments    88  141 

tap,  faucet,  tank  or  fountain 51  133 

tar  manufactory 94  143 

temperature: 

of  manufactories  22  127 

certain  public  places 25  128 

tenant,  meaning  of 1  122 

tenant  and  owner,  liability  of 13  125 


INDEX.                  ^  411) 

Sanitary  Code  —  Continued:                                  section.  page. 

tenement-houses : 

meaning  of 3  123 

regulations 19, 20  127 

walls  and  ceiling  to  be  white- 
washed    23  128 

theatres,  meaning  of 4  123 

tombs 168, 169     162, 163 

traps: 

location  of  33  130 

materials    and    connections   not   to 

be  made  or  used 29,33     129,130 

tuberculin  test  for  milch  cows 124  150 

tuberculosis  to  be  reported 133, 138     153, 154 

tubs: 

in  privies    106  146 

stationary,  to  have  proper  traps...  33  130 

turpentine  manufactory  94  143 

typhoid   fever    133  153 

typhus  fever    133  153 

undertakers: 

to  register    169  163 

duties  in  case  of  contagious  disease  141  155 

urinals,  how  to  be  trapped 33  130 

vacant  lots  to  be  kept  clean  and  fenced, 

etc 116  148 

vaccination 147  157 

varicella,  contagious  disease 133  153 

varnish  factories   . : 94  143 

vats 107  146 

vaults,     privy:      (See     Cess-pools     and 
Privies.) 

for  burial   168  162 

persons  in  charge  of,  to  register..  169  163 

vegetables,  meaning  of 6  124 

not  sound  and  fresh 42,  58     131, 135 

false  label  or  statement  as  to 48  132 

to  be  kept  in  wholesome  place 49  133 

vegetable    matter,    putrid,    not    to    be 

thrown  into  the  street,  etc 103  145 

vent  pipes,  length,  diameter,  etc 36  130 

ventilating  of  waste  pipes 36  130 

ventilation: 

in  dwellings,  lodging  houses,  etc..  16  126 

in  schools,  etc 25  128 

materials  in  building 29  129 

vessels: 

regulations  concerning    149, 157     157, 159 

not  to  go  to  offal  docks 115  148 

veterinary  surgeons: 

to  report  glanders,  contagious  dis- 
eases    127  151 


INDEX. 


Sanitary  Code  —  Continued:  section. 

certificate  for  milch  cows 124 

•wash  trays,  to  be  trapped 33 

waste  pipes: 

construction  and  connections 30,31,32 

materials   and   connections   not   to 

be  used  or  made 29 

not  to  be  used  for  a  vent  or  soil 

pipe 33 

water  from  buildings: 

not  to  pass  on  to  walk 40 

reservoirs,    pipes,    etc.,    for,    to    be 

kept  pure   61 

for  human  consumption 62,  63,  64 

to  flush  sewers 28 

offensive 88 

drinking" 63 

water-closets: 

how  trapped    33 

not  to  be  offensive 104,107 

waters,  minerals,  etc.,  filing  names  of, 

etc 59 

whitewashing  walls  and  ceiling 23 

yarding  cattle,  sheep,  horses,  etc 73 

yards     of     slaughter     houses     to     be 

cemented,  etc 85 

yellow  fever  133 

Seal  to  be  kept  by  City  Clerk 2 

Sealers    of    weights    and    measures.     (See 

Weights  and  Measures.) 
Second-hand  articles.     (See  Dealers  in  Sec- 
ond-hand Articles.) 

Session  laws,  publication  of 1-2 

Sewers:      (See    Barriers    to    Prevent    Acci- 
dents,    Borough     Presidents,      Rich- 
mond.) 
under  control  of  Borough  Presidents..  152,153 

permits  to  construct,  regulations 154-158 

connections  for  refuse 159 

not  to  be   obstructed 160 

discharge  of  inflammable  gas  into,  for- 
bidden   

policemen  to  enforce  law 161 

street  sweepers 162 

regulations  for  lajang  gas  pipes 163-166 

restrictions  as  to  steam  pipes 168 

in  Flushing 14-18 

Ships  carrying  gunpowder.     (See  Vessels.) 
Shooting  galleries: 

require  licenses,     (See  Licenses.) 

defined 353 

Bhow-bills.     (See  Signs.) 


PAGK. 
150 

130 

129 

129 

130 

131 

130 
136 
129 
141 
136 

130 
146 

135 

128 
139 

141 

153 

2 


361 


32 

32-34 

34 

34 


368, 


370 
34 
35 
35 
36 

321 


82 


IKDEX. 

Show-boards.     (See  Signs.)  section. 

Show-cases,   regulations   concerning 263^ 

Show-windows.     (See  Bay  Windows.) 
Shows,  Manhattan: 

forbidden  in  windows 40 

Shows,  common.     (See  Common  Shows.) 
Shrubs  in  parks.     (See  Parks.) 
Sidewalks:      (See     Streets,     Encumbrances, 
Defacing      Sidewalks,      Obstructions, 
Borough   Presidents,   Loading   Goods 
on.  Paving,  Stands.) 

of  twenty- two  feet  in  all 114 

regulations  in  Manhattan 115, 116 

amendments  to  section  114 114 

shall  be  raised  from  curb   (M.) 118 

extension   of,  forbidden 119,120 

penalty  for  removal  of 121 

private  cart-ways 122, 123 

amended 122 

how  laid 124 

notice  to  pave  certain 127-131 

obstructions  on,  forbidden 219 

notes  as  to 219 

use  of,  within  stoop  lines,  regulated. . . .  263 
penalties  for: 

having  horses  and  carts  on 265 

loading  and  unloading  goods  on...  266 

breaking 267 

obstructing  near  public  slips 268 

throwing  fruit  skins  on 271 

Brooklyn : 

width  of   5 

shall  be  raised  from  curb 6 

repairing  of  7-8 

materials  for 9 

flagging  of 9, 10 

obstructions  on  11, 12 

concrete,  cement,  etc 13 

widths  of,  in  29th  and  32d  Wards. .  14 
Long  Island  City: 

injuring  sidew^alks   22 

removing  turf,  sand,  etc.,  from 23 

preserving  flagging  on 24,  25 

obstructing  use  of 26,  27 

in  Richmond.     (See  Richmond.) 
in    Rockaway    Beach.     (See    Rockaway 
Beach.) 

paving  of,  in  Flushing 3-8 

in  Queens,  widths  of 

Signs: 

regulations    concerning    260 

how  ordered  removed 221-3 

removal  of,    (See  Borough  PresideatB.) 


421 

PAGE. 

58-59 


281 


24 

24 
371 

24 

25 
371 

25 
371 

25 
26-27 

46 
46-47 

58 

59 
59 
59 
59 
60 

293 
293 
293 
294 
294-295 
295,  296 
290 
296 

312 

312 

312,  313 

313 


317-319 
364 


57 
48 


422  INDEX. 

Sinking    Fund,    real    estate    belonging    to.   section. 
(See  Real  Estate.) 

Sinking  Fund:      (See  Finance  Dept.) 

moneys  pledged  for 53,  54 

Board  of  Commissioners  of 55,56 

purchases  of  the  city  stocks  for 57 

investments  of    58-62 

stocks  of  63-64 

revenues,  how  kept 65 

interest,  how  drawn  from  Treasury....  66 

temporary  investments 67 

journal  and  reports  of 68,  69 

construction  of  terms 70 

bonds   and   stocks   issued   may  be   ex- 
empted from  taxation 71 

Snow  and  ice: 

removal  of 409-410 

dumping  of,  prohibited 411 

car  tracks  not  to  be  obstructed 412 

failure  of  owner  to  remove 414r^l5 

duties    of    railroad    companies    on    car 

tracks 416 

snow  plows    417 

violations 418 

Speed.     (See  Rules  of  the  Road.) 

Speed  in  parks.     (See  Parks.) 

Speedways: 

Harlem  River  Driveway.     (See  Parks.) 

Brooklyn 

Queens 

Ocean  Parkway 

Jamaica 5 

Speed  on  bridges,  Brooklyn 77 

Stairs,  from  street  to  cellar,  railing  around,  194 

Stairways,  regulations,  concerning 263-4 

Statuary.     (See  Ornamental  Projections.) 

Stands:      (See  Borough  Presidents.) 

require   licenses    361-362 

within  stoop  lines  regulated 361-364 

notes  as  to 

under    elevated    railroad    stairs    regu- 
lated   361,  365 

reservation  clause 366 

fee  for  license 367 

display  license 368 

applications  for 369 

complaints  .  .  '. 370 

list  given  to  police 371 

revocation  by  owner 372 

Steps:      (See    Streets,    Sidewalks,    Obstruc- 
tions, Encumbrances,  Borough  Presi- 
dents, etc.) 
orGction  of  i  t  •  t  *•**«««•«?  i  ••  i «?  1 1 1  •  i  f  1 1         fn»7 


PAGE. 


10-11 
11 
11 

11-12 
12 
12 
12 
13 
13 
13 

13 

94r-95 
95 
95 

95-96 

96 
97 
97 


273 
273 
273 
326 

308 

41 

58-59 


84 

84-85 

84 

85 

86 
86 
86 
86 
87 
87 
87 


H 


INDEX. 

Steps  —  Continued :  section. 

continuance  of  present 248 

descending-    into    cellar 194 

removal  of    221-3 

Step-stones,  removal  of 221-3 

Stoops: 

dimensions  of   247 

notes  as  to 

continuance  of  present 248 

removal 221-3 

Long-  Island  City 7 

Stoops  in  parks.     (See  Parks.) 
Storekeepers,  to  display  copies  of  section 

271 272 

Storm-doors,  regulations  concerning- 263-4 

Straw,  sale  of   (M.) 25 

Streets:  (See  Obstructions,  Encumbrances, 
Sidew^alks,  Borough  Presidents, 
Noises,  Nuisances.) 

obstructions  on,  forbidden 219 

throwing  ashes,  etc.,  in,  forbidden....  404 

removing  ashes,  etc.,  from 405 

dropping  rubbish,  etc.,  from  carts  on.,  407 

handbills,  not  to  be  thrown  on 408 

removal  of  snow  and  ice.     (See  Snow 

and  Ice.)    409 

transportation  of  iron  and  steel  in 529 

may  be  temporarily  closed 100 

Streets,  altering  grade  of   (Flushing) 1-2 

Streets,  filling  in  (Jamaica) 1 

Streets  in  parks.     (See  Parks.) 
Streets  in  Richmond.     (See  Richmond.) 
Streets  in  Rockaway  Beach.  (See  Rockaway 
Beach.) 

Street,  musicians  in  Brooklyn 44-47 

Streets,    numbering    of.     (See    Numbering 
Streets.) 

Street  sprinklers,  water  for 406 

Streets,  use  of.     (See  Rules  of  the  Road.) 
Streets,  worship  in.     (See  Public  Worship 

in  Streets.) 
Superintendent  of  Markets.     (See  Markets.) 

Supervisor  of  City  Record,  bond  of 481 

Supplies  delivered  in  parks.      (See  Parks, 
Vehicles  in.) 

Supplies  d.elivered  in  West  End  avenue 

Supplies  for  city.     (See  Contracts.) 
Surface  railroads: 

must  carry  signs  of  destination 503 

no  transfers  to  "car  ahead" 503-504 

heating  cars,  regulations  for 505-508 

Brooklyn: 

rate  of  speed 48 


423 

PAGE. 

55 
41 

48 
48 

54 
55 
55 

48 
310 


60 

58-59 

277 


46 
93 
93 
94 
94 

94 
120 

21 
317 
325 


301-502 
93 

111 


363 


114 
114 
115 

802 


424 


INDEX. 


Surface  railroads  —  Continued:  section. 

stoppage  of  cars 49 

front  platforms  of  cars 50 

platform  gates  51 

accidents 52 

penalties 53 

electric  cars   54-58 

license  fees    59 

smoking  forbidden  on  cars 60 

eating  meals  on  cars 61 

damaged  cars   62 

numbering  and  coloring  of  cars 63 

disorderly  persons  on  cars 64 

conductors  to  give  numbers 65 

frequency  of  cars 66 

penalties 67 

police  to  report  violations 68 

number  of  tracks 69 

general  regulations    70 

Manhattan: 

annual  license 56-58 

lights  on  cars 59-60 

conductors  required 61-62 

transfers 63-64 

cars  to   run  frequently 65-66 

Park  Avenue   70-72 

dummy  engines   73 

Sixth  AvenuiB  Railroad 74 

Lexington  Avenue 75-76 

Bronx: 

locomotives  running  in 67-69 

Long  Island  City: 

licenses 49-50 

guards 51 

Surveyors,  city,  regulatiDns  concerning 274-280 


PAGE. 

302 
303 
303 
303 
303 
303-304 
304 
304 
304 
304 
304 
305 
305 
305 
305 
305 
305 
305 

283 

284 
284 
284 
285 
286 
286 
287 
287 

285-286 

316 

317 

61-62 


T. 

Tan-bark  on  streets,  regulations 

Throveing  balls,  stones,  etc.  (Jamaica) 

Ticket  speculators: 

require  licenses.     (See  Licenses.) 

defined 

penalty  for  deceiving 

badges  of,  when  vrorn 

Traffic    regulations.       (See     Rules     of    the 

Road.) 
Transfers    on    cars.       (See    Surface    Rail- 
roads.) 

Transportation  of  rails,  regulated 

Trees  in  parks.     (See  Parks.) 


273 
3-4 


350 
377 


529 


60 
326 


82 
82 
88 


120 


INDEX. 

u. 

Use  of  water.     (See  Water.) 

V. 

Vaults:   (See  Barriers  to  Prevent  Accidents,  section. 
Boroug-h  Presidents.) 

permits  to  construct,  regulations 169-172 

not  extend  beyond  sidewalk 173 

certificate  by  surveyor 174-175 

construction  of  176 

grates  of,  regulated 177 

to  be  guarded  while  building 178 

time  to   build 179 

what  includes   186, 187 

no  grates  to  be  removed  from 188 

unless  protected    189 

within  what  time 190 

covers  of,  to  have  rough  surface 191 

Vault  covers,  regulations  in  Brooklyn 29 

penalties 15 

Vehicles,  rules  for  displaying  numbers 376 

Vehicles  in  parks.     (See  Parks.) 
Vehicles    in    streets.     (See    Rules    of    the 
Road.) 

Vehicular  traffic  on  Ocean  Parkway 

Venders:  (See  PeddL&rs.) 
Long  Island  City: 

regulations 43-46 

Vessels  carrying  gunpowder 428 

Violations,  penalty  for:      (See  Specific  Sub- 
jects.) 

general  clause 1 

when  a  misdemeanor,  notes 

Volunteer  fire  de'partments: 

Flushing,  regulations 23-40 

Jamaica 5-25 

Far  Rockaway 16-19 


425 


PAGE. 

36-37 
37 

37-38 
38 
38 
38 
38 
40 
40 
40 
41 
41 
299 
297 
88 


363 


315-316 
100 


362 
362 

322-325 

326-330 

335 


W. 

Wares  for  sale.     (See  Goods  for  Sale.) 
Waste  material.     (See   Sale   of  Waste  Ma- 
terial.) 
Water: 

regulations  as  to  pipe  connections 

permits  to  boats  for 

use  of  double  fire  hydrants 

regulations  for  washing  streets 

obstructing  stop-cocks 

penalties  for  violation 

Water  pipes,  permit  for  boring.,,.,, , 


289 

65 

290 

65 

291 

6G 

294 

G6 

295 

66 

296 

GO 

207 

43 

426  INDEX. 

Water  register:                                                       section.  page, 

to  give  a  bond 483  111 

reports  by 281  63 

Water  rents: 

rate  of  charges 282  63 

how  paid 283  64 

delay  in  paying 284  64 

Weighers  of  hay: 
in  Manhattan: 

regulations  concerning 10-14    275-276 

Weights  and  measures: 

bureau  of 380  89 

filling  vacancies  in  bureau 381  89 

inspectors  to  give  bonds 382  89 

all  vi^eights  to  be  sealed 383  89 

under  penalty 384  89 

conform  to  standard 385  89 

under  penalty 395  92 

use  of  incorrect 386  90 

registers  to  be  kept 387  90 

goods  sold  at  full  weight  only 388  90 

penalty  for  short  weight 389  90 

certificates  for  sale  of  coal 390  91 

all,  to  be  tested  annually 392  91 

penalty  for  refusal 393  91 

inspectors  not  to  be  obstructed 394  91 

records  of  inspections  to  be  kept 396  92 

duties  of  inspectors  of 397-400  92 

certificates  given  to  owners  of 401  92 

complaints  concerning    402  93 

Wells,  regulations  concerning 195-201  42 

West  End  avenue,  delivery  of  supplies  to . . .  363 

Windows,  pots  and  boxes  on,  Manhattan. ...  42  281 

Windows,  show.     (See  Bay  Windows.) 

Work  for  city.     (See  Contracts.) 

Worship  in   streets,     (See  Public  Worship 
in  Streets.) 

UNIVERSITY 

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